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Markhoff & Mittman, P.C. - 914.946.1452

IF I AM APPLYING FOR UNEMPLOYMENT, DOES RECEIVING WORKERS' COMP AFFECT MY BENEFITS?

 

A: If you are receiving workers' comp benefits, but you are available and physically able to perform work, you may be eligible for unemployment insurance benefits.  However, your weekly unemployment benefit rate may be reduced.  the total weekly amount of your workers' compensation and unemployment insurance benefits cannot exceed your average weekly wage in the base period.  

When filing a claim for benefits, you should be prepared to send to the Department of Labor copies of the Workers' Comp Form C-8 (Notice that Payment of Compensation for Disability has been Stopped or Modified) and a medical statement signed by your physician, attesting that you are able to work. The Telephone Claims Center will determine if any reduction in your unemployment benefit amount, due to receipt of workers' compensation, is appropriate. If you disagree with the amount of reduction, you may request a hearing. 

You must notify the claims center about any workers' compensation benefits you receive during the same weeks you are collecting unemployment insurance. If you don't do this, you might  be required to repay any unemployment benefits that were overpaid.  Questions?  Contact us for a FREE consultation.  

 




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