Can you collect workmen's comp and unemployment at the same time

Asked in Reading, PA , on Oct 16, 2015

I was hurt on the job, was seen by the doctor and was sent back to work with restrictions. The company wouldn’t give me light duty work and I was not allowed to go back to work. I have been off work going on three weeks. Was just told that I qualify for Workmens comp. Since I was available for work and company refused to make work available could I collect unemployment for those weeks or until I start getting Workmens comp. My unemployment payments are much higher than workmens comp payments too.

Answered on Oct 19, 2015

I agree with the other attorneys who have commented, the insurer usually wants you to receive UC because they receive the money back as a credit. There are many inequities built into how these claims are handled so you should be conscious of injuries that are not described correctly (herniation called a sprain, missing finger called a flesh wound), a WC nurse following you at appointments and panel doctors who do not seem to be treating you. I would recommend that anyone who is hurt at work talk to a WC attorney. There is too much going on in the background not to have the issues addressed. The consult is free and most attorneys in this field are very easy to work with. Good luck.

Can i be laid off because of Carpal Tunnel?

Asked in Hazleton, PA , on Feb 13, 2015

I started working at a warehouse 2 months ago, and a week ago i have been feeling pain on my hand, i self diagnosed myself with Carpal tunnel based on the symptoms, my jobs told me to get a Doctor’s letter clearing me for work until then i can’t come back to work, (but i feel like they are trying to lay me off, because a doctor will clear me for work, but with restrictions, can my work place lay me off or fire me even with a doctor’s letter that clears me for work with restrictions? because they claim that Carpal tunnel happened before i worked there, but i have proof from my last doctor’s visit which was a month before i started to work there, that shows i never once reported any pain or symptoms to my hand before, and this started to happen a month after i started to work there.

Answered on Feb 14, 2015

I agree with Chris, this is a very difficult position to be in especially if you have some conflicting goals. Often times the employer is not eager to bring back an injured employer, often they have financial incentives to part ways with workers early in a claim. Compensation for a work injury tends to bottle neck into a process and the perfect/proper world handling gets clouded in the claims management process. Sometimes an injured worker gets more than they otherwise would be entitled, sometimes if is shamefully less. Either way, this is a tough place to be because the injurer/employer is viewing you as an adversary who can cost them money. You should get the guidance you clearly need now, most people in this field consult for free so there is not much of a risk. As an aside, I hope it is not the Amazon warehouse, they are very difficult to deal with. Good luck.

I quit my job due to illegal activity, can I get unemployment if the PA Inspector General's Office was investigating employer?

Asked in Philadelphia, PA , on Jan 21, 2014

I quit my job due to illegal activity. My employer was being investigated by the PA State Inspector General’s Office for falsifying invoices to the state. I have an email thread from the investigator asking me questions about the fake invoices. My employer had me type them for her. I was interviewed by the Inspector General’s Office a couple of days after I quit. I have an unemployment hearing at the end of the week. Will I receive unemployment if I have proof of illegal and unethical activities of my employer?

Answered on Jan 21, 2014

I have a mandatory mediation hearing in 4 weeks are they looking to settle my case? What should I expect?

Asked in Wexford, PA , on Jan 19, 2014

My hearing is in 4 weeks and on the notice it lists my company, their lawyer, their insurance company and Sedgwick. Does this mean they are looking to settle my case? I got hurt over 13 months ago and I am still having a lot of problems and taking a lot of medications. I finished therapy about 3 months ago and he told me he didn’t think I would ever get better but I asked to do another therapy but it doesn’t seem to be doing any good. Workmens comp. asked my company 2 times if there was anything I could come and do and they said both times there was nothing and to him on workmens comp. I don’t think I will ever get better or be the same again or be able to hold a job of any kind. If I do settle would I get SSDI and what kind of health insurance would me and my family be able to get

Answered on Jan 20, 2014

Workers compensation is a very settlement driven practice, it is not just about getting the best number possible, as you seem to understand. I always feel like I spend more time working on the settlement details then I do on the case itself (liability, etc). It is hard for a non-WC attorney to deal with these issues, so you should not be doing it on your own at this point. The insurer is always looking to settle, the question is will you make a settlement that is in your best interests now and 10, 20, 30 years from now – that involves considering your potential to continue benefits, your ability to work in your profession or another profession, other potential health providers/insurers, statutory requirements to protect state or federal benefits you have already received or may receive in the future (that could came back to hurt you substantially), and the monetary figures being offered to settle the case. Your considerations related to SSD also depend on how you handle your compensation case. Best thing that you can do is get someone qualified to handle the mediation so you are prepared to deal with all of these many issues.

Do You Have to Pay Back Unemployment Benefits

Asked in Bethel Park, PA , on Jan 16, 2014

If a person was deemed eligible initially in Pennsylvania for Unemployment Compensation but the employer appealed and the Unemployment Compensation Service Center reversed the decision. This person was terminated related to a work policy violation. The decision was based on a policy of progressive discipline and willful misconduct.

Answered on Jan 16, 2014

Much depends on the circumstances, but you could be required to repay UC for an overpayment. There are two types of overpayments, fault based and nonfault based. You may be required to actually pay back a fault based overpayment, whereas a nonfault based overpayment may be deducted from future UC in a particular time period. What is going on specifically in you case depends on the facts. Good luck.

Can you get unemployment if your work doesn't accomadate you for an injury?

Asked in Huntingdon, PA , on Aug 29, 2012

My husband works for Wal- mart and has knee problems. He is a supervisor and walks on it all day. He makes too much money to get insurance through the welfare office and we cant afford any insurance through wal-mart or anywhere else. They won’t give him any job that is easier. We can’t afford to fix it at the moment. He is at the point he calls off and is going to get fired because he can’t walk on it for very long. I’m at a loss at what action to take next. We have a family of four and can’t lose all of the income coming from his job.

Answered on Sep 3, 2012

You should definitely talk to an attorney. You may have a workers compensation claim if the condition is related to work or if work has aggravated a pre-existing condition. Feel free to take a look at my article on my profile about how to handle a workers compensation claim. Also, you have protections, even as an at will employee, when making a workers compensation claim. There is a public policy exception to the at will doctrine that protects employees making such claims. Also, he may have an Americans with Disabilities claim if the condition affects a major bodily function. You may have a suit or the ability to request an accommodation for the condition to make it possible for you to work.

Will applying for a small business tax id number affect my unemployment?

Asked in Downingtown, PA , on Feb 8, 2012

I am currently collecting unemployment due to a seasonal layoff, I will be called back to work in the spring. I would like to start a small home-based baking business and require a tax id# for this. If I register this business, will it affect my unemployment?

Answered on Feb 13, 2012

That is probably not enough, but under todays circumstances where it is so difficult to get and stay on UC benefits, I would be careful with how far you go. If someone takes steps toward self employment after they started received unemployment, such as by renting a building etc, they could become disqualified from receiving unemployment benefits. 43 P.S. 802 (2010); Voltz v. Commonwealth, 476 A.2d 492 (Pa. Commw. 1984).

Moreover, those who actively continue to receive benefits or conceal their self-employment could be liable for fault overpayments for the amount they improperly received if there is no mitigating factors for failing to disclose the self employment. Id. However, if the overpayment was not fault based, it may simply be recouped from future unemployment payments and not be required to payed back separately. 43 P.S. 874 (2010).

If someone is a self employed business person and their business fails, they would probably not be entitled to unemployment. Morelli v. Commonwealth, 434 A.2d 1332 (Pa. Commw. 1981).