Can You Get Unemployment after Workers’ Compensation?

can you get unemployment after workers compensation Unemployment after Workers Compensation

One common question that often arises is whether individuals can pursue unemployment benefits after receiving workers’ compensation.

It helps to understand these two crucial forms of support so you can maximize your benefits. Here’s what you need to know.

Workers’ Compensation in Maryland

Workers’ compensation is a vital safety net designed to provide financial assistance to employees who sustain injuries or illnesses arising from their work. In Maryland, employees are entitled to compensation for medical expenses, rehabilitation, and wage replacement during the recovery period.

Unemployment Benefits: A Different Avenue

Unemployment benefits, on the other hand, are intended for individuals who have lost their jobs through no fault of their own. These benefits offer financial assistance while the individual actively seeks new employment opportunities.

Concurrent Receipt: Understanding the Balance

In Maryland, individuals can potentially receive unemployment benefits after recovering from a work-related injury. However, it’s essential to navigate this process carefully to avoid complications.

Fully Recovered and Able to Work

If an individual has fully recovered from their work-related injury and is medically cleared to return to work, they may be eligible for unemployment benefits. The key is to establish that the person is physically capable of performing work and actively seeking suitable employment.

Navigating the Intersection

Successfully receiving unemployment benefits after workers’ compensation requires meticulous documentation and clear communication. It is crucial to present evidence that the injury no longer prevents the individual from engaging in gainful employment.

Work Restrictions and Job Availability

In some cases, an injured worker may have residual limitations or restrictions due to the injury. When seeking unemployment benefits, it becomes imperative to demonstrate that there are suitable job opportunities available within the scope of the individual’s restrictions.

Potential Challenges and Pitfalls

While the possibility of receiving unemployment benefits after workers’ compensation exists, navigating the intersection of these two systems can be complex. Several challenges may arise:

Ongoing Medical Restrictions

If an individual still has significant medical restrictions that impact their ability to work, it may create hurdles in qualifying for unemployment benefits. Demonstrating job availability within those restrictions becomes crucial.

Employer Opposition

Employers may contest the claim, arguing that the individual is not genuinely available for work or that the job market does not align with their skill set and restrictions.

Proving Actively Seeking Employment

To qualify for unemployment benefits, individuals must actively seek suitable employment. Documenting job searches and applications is crucial in this process.

Seeking Legal Guidance

Navigating the delicate balance between workers’ compensation and unemployment benefits requires a nuanced understanding of Maryland’s labor laws. As a workers’ compensation attorney, my role is to guide individuals through this process, ensuring they receive the maximum benefits to which they are entitled.

Recovering from a work-related injury should not leave individuals in a financial bind. Understanding the potential eligibility for unemployment benefits after workers’ compensation is a critical aspect of comprehensive support for injured workers.

If you or someone you know is grappling with this intersection of benefits, seek legal counsel.

If you’re in Baltimore, MD or the surrounding area, Shugarman & Mehring is available to discuss your unique situation. To speak to someone about your injuries or your Workers’ Compensation claim, contact Shugarman & Mehring at (410) 783-4200 or toll-free at (888) 342-7200.

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