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Workers Compensation
State Laws
Unemployment Benefits

Can you collect worker's compensation and unemployment benefits at the same time?

Answer

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November 03, 2010 10:41PM

The answer depends on your state of residence, the nature of your illness or injury, and whether you are able to accept work for which you are qualified. If you're unable to work, you can't draw unemployment benefits because all states require you be ready, willing and able to accept suitable employment immediately.

Approximately half of the states allow workers to collect both entitlements at the same time, as long as the person is legitimately eligible under both programs' guidelines. The other half either prohibit drawing any form of state or federal worker's compensation at the same time as unemployment, or apply an offset to reduce payments to prevent a windfall.

The following states have established restrictions on collecting both sets of benefits:

Alabama.................Weekly unemployment benefit reduced by prorated amount of worker's comp

California................Weekly unemployment benefit reduced by prorated amount of worker's comp

Colorado.................Weekly unemployment benefit reduced by prorated amount of worker's comp

Connecticut.............Unemployment benefits denied for any week Worker's Comp is paid*

Delaware................Weekly unemployment benefit reduced by prorated amount of worker's comp

Georgia..................Unemployment benefits denied for any week Worker's Comp is paid

Illinois....................Weekly unemployment benefit reduced by prorated amount of worker's comp

Iowa......................Weekly unemployment benefit reduced by prorated amount of worker's comp

Kansas...................Unemployment benefits denied for any week Worker's Comp is paid

Louisiana................Weekly unemployment benefit reduced by prorated amount of worker's comp

Massachusetts.........Unemployment benefits denied for any week Worker's Comp is paid

Minnesota...............Weekly unemployment benefit reduced by prorated amount of worker's comp

Missouri..................Weekly unemployment benefit reduced by prorated amount of worker's comp

Montana.................Unemployment benefits denied for any week Worker's Comp is paid

Nebraska................Weekly unemployment benefit reduced by prorated amount of worker's comp

New Hampshire.......Weekly unemployment benefit reduced by prorated amount of worker's comp

Ohio.......................Weekly unemployment benefit reduced by prorated amount of worker's comp

Rhode Island...........Weekly unemployment benefit reduced by prorated amount of worker's comp

South Dakota...........Weekly unemployment benefit reduced by prorated amount of Worker's Comp

Tennessee................Unemployment benefits denied for any week Worker's Comp is paid

Texas.......................Unemployment benefits denied for any week Worker's Comp is paid

Vermont...................Weekly unemployment benefit reduced by prorated amount of worker's comp

Virginia....................Weekly unemployment benefit reduced by prorated amount of worker's comp*

Washington..............Unemployment benefits denied for any week Worker's Comp is paid

West Virginia............Unemployment benefits denied for any week Worker's Comp is paid

Wisconsin................Weekly unemployment benefit reduced by prorated amount of worker's comp

  • If worker's comp is received after receipt of unemployment, Connecticut and Virginia require worker to repay any unemployment received in excess of worker's compensation.*