Many people ask whether you can draw unemployment benefits while you have an ongoing workers’ compensation case. The short answer to that question is, “It depends”. In Georgia, you generally can receive unemployment benefits when you lose your job and are not at fault. Some examples of situations where you might be eligible to draw unemployment include:
- When your employer lays you off because work is slow or the company is downsizing
- When you are let go because you are absent too much from work but the absences are not your fault e.g. you got sick or were injured
- Your employer has reduced the number of hours you work
There is a part of the unemployment law that says you cannot get unemployment benefits at the same time that you are receiving workers’ compensation temporary total disability or temporary partial disability benefits. However, the insurance company often fights paying you temporary total and temporary partial disability benefits when your employer lets you go.
If the insurance company is fighting about paying you, you can often file for and receive unemployment benefits while you are waiting to go to court about your workers’ compensation benefits. It is often difficult to work when you are still recovering from an injury, so getting these unemployment benefits while you are fighting to get workers’ compensation benefits is important.
If you have specific questions about unemployment benefits, you can find out some more information on the Georgia Department of Labor website. If the insurance company is fighting about paying you workers’ compensation benefits after your employer has laid you off, it is probably a good idea to contact an attorney if you do not already have one. To get a free consultation with one of of our attorneys about your workers’ compensation case, simply complete the “Need Help” form on this page or call (770) 214-8885.
