If you are receiving workers’ compensation for total incapacity and are unable to work due to your injury, you generally cannot claim unemployment benefits during that time. However, you may qualify for unemployment benefits if you receive partial workers’ compensation payment.
If you are no longer able to work in Massachusetts, you have financial safety nets. Still, the system can be difficult to navigate without professional legal guidance. A workers’ compensation lawyer in Boston will review your options and protect your interests.
Understanding Workers’ Compensation in Massachusetts
Workers’ compensation provides financial benefits to employees who get injured or become ill due to their jobs. This program covers medical expenses related to the injury, a portion of lost wages, and rehabilitation services if needed.
Industries with higher physical risks tend to see more workers’ compensation claims. Companies in sectors such as construction, healthcare, manufacturing, and transportation often experience the most workers’ comp filings. Larger employers within these industries, such as Amazon, General Electric, and Suffolk Construction, may naturally have more claims due to their size and workforce exposure to risk.
Employers are required by law to carry workers’ compensation insurance to protect their workers. If you get hurt at work, you should report the injury to your employer as soon as possible and file a claim with the workers’ compensation insurance provider. A Boston personal injury lawyer can guide you through the claim process.
Massachusetts Unemployment Benefits
Massachusetts unemployment benefits provide financial assistance to individuals who lose their jobs through no fault of their own and are actively seeking new employment. To qualify, you must have earned enough wages during a specific base period and be able and available to work.
The amount you receive is based on your previous earnings, and benefits can last up to 26 weeks, although extensions may be available during times of high unemployment.
To apply for benefits, you must file a claim with the Massachusetts Executive Office of Labor and Workforce Development, providing information about your employment history and the reason for your job loss. Once approved, you will need to file weekly claims to continue receiving benefits, which will require you to report any work search activities.
You Can’t Get Unemployment Benefits With Total Incapacity Workers’ Compensation
Total incapacity workers’ compensation in Massachusetts provides benefits to employees who are completely unable to work due to a job-related injury or illness. These benefits replace a portion of your lost wages while you recover and are temporarily or permanently unable to perform any work.
Total incapacity benefits for temporary total incapacity pay 60% of your average weekly wages for up to 156 weeks (three years). For cases where the injury leads to a permanent and total disability, you could get 2/3 of your wages indefinitely. The goal is to support workers financially when they are unable to earn an income due to their work-related conditions.
Under Section 34A of the Workers’ Compensation Act, you can’t receive workers’ compensation benefits for (temporary or permanent) total incapacity while you’re getting unemployment benefits.
If you’re already receiving unemployment payments from the government, your employer’s workers’ compensation insurance company doesn’t have to provide additional payments. However, you could get unemployment after workers’ compensation.
Essentially, when you are receiving unemployment benefits, you are saying you are ready, willing and able to work. That is contrary to the claims you are making with a workers’ compensation claim, where you are saying you are unable to work because of an injury. The law makes it clear that one cannot have it both ways.
You Could Get Unemployment Benefits With Partial Workers’ Compensation Benefits
Partial workers’ compensation is typically given when you can return to work but with reduced hours or a lower-paying position due to your injury. In this case, you might still qualify for unemployment benefits to help cover the gap between your previous earnings and your current reduced wages.
To qualify, you must demonstrate that you are able and available to work, even if your capacity is limited, and that your earnings fall below a certain threshold. By filing a claim, the unemployment office will evaluate your situation, and if eligible, you can receive unemployment benefits in addition to the partial workers’ compensation payments.
Massachusetts unemployment benefits offer 50% of your average weekly earnings while you can’t work up to a maximum set by state laws. On the other hand, workers’ compensation covers up to 60% of the difference between your current and old earnings. Therefore, if unemployment can’t cover the amount you need, the insurance company should compensate you.
If you receive both unemployment benefits and partial workers’ comp at the same time, the workers’ compensation insurance company will lower the amount they pay you. This means the insurance company lets the government pay you through unemployment benefits first, and then they will cover the rest of what you are owed after unemployment has paid you.
Does Workers’ Compensation Count As Income for Unemployment?
In Massachusetts, workers’ compensation benefits generally do not count as income for unemployment purposes. This distinction is important for employees seeking benefits following a workplace injury.
If you are still wondering how workers’ compensation affects unemployment benefits, consult a local lawyer experienced in these types of claims. After reviewing your case, they can guide you through the next steps.
Call an Experienced Massachusetts Workers’ Compensation Lawyer Today
The financial challenges you face after a work-related injury shouldn’t stop you from getting the support you deserve. At Jason Stone Injury Lawyers, we work on a contingency fee basis for workers’ compensation cases, meaning you don’t have to pay anything upfront. We only collect a percentage of your settlement or benefits if we successfully win your case. That’s Our Stone Cold Guarantee®.
By working with an experienced workers’ compensation attorney from our firm, you can rest assured that professionals are handling your case. We’ll review your options for compensation and manage your claim, allowing you to focus on your recovery. Contact us today for a free consultation.
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