Can I Collect Unemployment and Workers' Compensation Benefits at the Same Time?

You cannot receive unemployment and workers’ compensation payouts or benefits at the same time.  The principal behind workers compensation is that you are getting reimbursed for the wages you are missing because you are injured.  Therefore, you should not be receiving any unemployment payments because then you would be theoretically getting paid two wages at one time.

Trying to collect unemployment can also affect the credibility of your workers compensation case.  In theory, you can claim workers compensation because you are unable to work because of a job related injury or illness.  The idea is that while you would like to work but are physically unable to do so.  The policy behind employment compensation on the other hand is that you are fully willing and ready to work, however you are unable to find a paying job.  So if you collect unemployment while you have an outstanding workers compensation claim it is almost like telling one government agency that you are physically ready and willing to work, while simultaneously telling another government agency that you should be collecting money because you physically cannot work.

The only exception to this rule would be if your workers compensation claim has been denied, yet you are unable to work in your old job because of your injury so you were forced to resign.  If you are applying for new jobs that would be considered light work, or less physically demanding than your old job, and you are still unable to find work, then you may collect unemployment while collecting workers compensation benefits.  This however is not very common and collecting unemployment can potentially have a very detrimental effect on your workers compensation case.  So as a general rule you may not and should not collect unemployment while also collecting workers compensation benefits.