Can I file for Unemployment Benefits while being off work due to a job injury?

Can I file for Unemployment Benefits while being off work due to a job injury?

Alabama Workman’s Compensation Lawyer: Can I file for Unemployment Benefits while being off work due to a job injury?  We have been asked this question numerous times by injured workers; those who are drawing their workers compensation benefits (including temporary total disability benefits{ttd}) and by those who are not drawing any benefits due to the workers compensation insurance carrier’s denial of their claim.

If you are drawing ttd benefits, you should not also attempt to draw unemployment benefits.  The ttd check is what you draw during the time you are unable to work due to your work related injuries.  The real problem arises in the situation where the injured worker is not drawing any benefits because their claim has been denied, yet they are unable to work and are not receiving any form of compensation. While it is understandable that the injured worker would try to obtain UE benefits so they would have some money coming in, the law states that you can only obtain unemployment benefits if you are READY, ABLE and WILLING to work.  If you cannot work given your injury, you cannot honestly claim UE benefits.  If you were to lie to obtain unemployment benefits, then you could be found to have forfeited any later rights to back ttd benefits, and by lying you would be breaking the law and subject to the dictates of the law.

If you were hurt at work, but your employer or their workers’ compensation insurance carrier is denying liability and refusing to pay your workers compensation benefits, there is help available.

If you have suffered a work injury and you have questions about your right to Alabama workers’ compensation benefits, don’t hesitate to contact Powell and Denny and speak with one of the experienced workers compensation lawyers and schedule a free consultation and let us see if we can help.  Appointments are available in person, or virtually through Zoom for your convenience from wherever you live.

Powell and Denny: We Work When You Can’t

Offices in Birmingham, AL and Huntsville, AL

 

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Powell and Denny have been selected as one of the Best Law Firms by U.S. News and World Report for each of the last 9 years, have been selected as one of Birmingham’s Top Lawyers by B-Metro Magazine for the last 5 years, have been selected by The National Advocates as one of the Top 20 Workers’ Compensation Firms (plaintiffs) and Powell and Denny, P.C.-has been selected as one of the “Best of the Best” law firms by The American Registry and included in the list as one of the Mid-South’s Super Lawyers.

Mr. Denny is AV rated by Martindale Hubbard (the highest rating possible) and Mr. Powell has been rated as Superior by The National Registry

+ Powell and Denny have successfully represented injured workers from Birmingham, Huntsville, Florence, Muscle Shoals, Tuscumbia, Athens, Decatur, Town Creek Ardmore, Hartselle, Madison, Toney, Scottsboro, Ft. Payne, New Hope, Guntersville, Albertville, Boaz, Ashville, Anniston, Gadsden, Cullman, Jasper, Gardendale, Morris, Kimberly, Centerpoint, Leeds, Tarrant City, Fairfield, Hueytown, Bessemer, Adger, Tuscaloosa, Cordova, Alabaster, Pelham, Harpersville, Opelika, Phenix City, Montgomery, Clanton, Calera, Enterprise, Monroeville, Mobile, Evergreen, Alabaster, Pelham, Trussville and towns and cities in between.

 

Can I file for Unemployment Benefits while being off work due to a job injury?