Can You Apply for Unemployment While Waiting for Workers’ Compensation?

What Happens If Your Workers’ Compensation Claim Is Denied?

If your Pennsylvania workers’ compensation claim is denied by the insurance carrier, your attorney will need to file a Claim Petition. This petition brings your case into Workers’ Compensation court so we can pursue your lost wages and medical expenses.

Litigation can take time — on average about a year. Learn more about how long a workers’ compensation case takes »

We know not everyone can go without income for that long. That’s why many injured workers ask whether they can apply for unemployment compensation benefits while waiting for their case to be resolved.

Can You Receive Unemployment Benefits and Workers’ Compensation?

Under Pennsylvania law, an injured worker can apply for unemployment benefits. If your Claim Petition is later successful, your employer’s insurance carrier may take a credit for the net unemployment benefits you received.

The important thing to understand: filing for unemployment does not prevent you from receiving workers’ compensation benefits.

When you apply for unemployment, you must certify that you are available and able to work. This does not mean you are admitting you are not injured. It means that although you cannot perform your pre-injury job, you may be capable of doing other work in a lighter capacity.

Example: Carpenter With a Work Injury

Let’s say you are a carpenter and you break your leg on the job. Clearly, you cannot continue doing carpentry while recovering. Under workers’ compensation laws, you are considered disabled from your pre-injury work.

If your employer does not offer a light-duty or sedentary job — which is often the case when a claim is denied — you are entitled to apply for unemployment benefits. Later, if your Claim Petition is granted, you will receive workers’ compensation wage loss and medical benefits retroactively, with the insurer taking credit for unemployment benefits paid during the same timeframe.

Simply put: you cannot “double-dip” by receiving both benefits at full value, but unemployment provides a safety net until your workers’ compensation case is resolved.

Why You Should Speak With an Experienced Workers’ Compensation Lawyer

Applying for unemployment while pursuing a workers’ compensation claim is a strategic decision. Every case is different, and the wrong move could impact your benefits.

You don’t have to handle a work injury alone. Contact Stern & Cohen at (215) 999-1443 for a free consultation with our workers’ compensation lawyers.