Can you receive workers' compensation benefits and unemployment at the same time? The answer, well that depends on what kind of benefits you are receiving from workers' comp.
In Nebraska, an injured worker who is laid off, fired or leaves a job for good cause can collect unemployment benefits and still receive Temporary Partial Disability (TPD) benefits and Permanent Partial Disability (PPD) benefits from the workers' compensation insurance company. However, the Nebraska Labor Department unemployment law does not allow a worker to receive unemployment during the same week the person is paid Temporary Total Disability (TTD) workers' compensation payments.
To receive unemployment benefits, the injured worker must be ready, willing and able to work. As long as injured worker is ready, willing and able to work within one's own restrictions, that worker can receive unemployment benefits during the same week that they are entitled to TPD and PPD benefits.
If a person is totally unable to work and getting TTD benefits, that person cannot receive unemployment benefits since they, by definition, are not ready or able to work.
Under the workers' compensation laws, it is also important to remember that compensation benefits cannot be offset with what is paid under the unemployment benefits. For guidance, please refer to that supports this rule of law.
If you have any questions about benefits or what you are entitled to in a work injury, please call our offices for a complimentary strategy session. Our attorneys will fight for your rights.