Eligible for Unemployment if on WC??
brendaboo
5 Posts
Our company just released an employee who has been on Worker's Comp. for some length of time now, and he is receiving worker's comp. benefits. He was released from his position because he is unable to return to work & perform the duties he was originally hired for, or any position, for that matter, without creating an entire job/position from the clear blue sky. My question is simple: Is this employee still eligible to receive unemployment, seeing that he is receiving worker's compensation benefits?
Comments
Ongoing availability and work search requirements:
During each week you claim, you must:
Make an active search for full-time work
Be physically able to work
Be available for full-time work
Apply for and accept suitable work
Not sure about all states, but in Texas you must be physically able to work and actively seeking employment to be eligible for benefits. It only makes sense that if you do qualify for worker's comp insurance you'd be unable to qualify for unemployment insurance.
Brad Forrister
Director of Publishing
M. Lee Smith Publishers
No. Benefits are NOT retroactive unless an investigation is underway or an appeal is filed and the claimant is later ruled eligible. In that event, they retro the checks for the entire period for which he is ruled monetarily and otherwise eligible (I detest sounding like a government worker). But, the period during which he was ruled ineligible due to medical restriction won't later be ruled eligible (unless it was an incorrect ruling to begin with) and that's what a retro check would in effect be doing. If he draws at all it will be for the period beginning with the weekly claim for which he showed them the medical restriction is lifted. A quick call to the UI office will answer this generically for you without even having to mention the claimant/employee. If he draws at all, it will be based on only the period during which he has been "Able and Available" for work and will hinge on the quarterly wages earned, not merely the fact that he is unemployed. But, the miniscule amount by which company's rate will be affected will not make a dent in what the comp payout was!