Can I Get Workers’ Comp and Unemployment in Georgia?

You were injured at work and no longer have a job – can you receive workers’ comp and unemployment in Georgia at the same time?

The short answer is probably not.

The law is pretty clear that you cannot receive both workers’ comp and unemployment in Georgia (and most other states) at the same time.

But there may be a case for you to receive unemployment benefits while you wait for workers’ compensation benefits to begin.

Let’s break it down.

What Are Georgia Workers’ Compensation Benefits?

According to the Georgia State Board of Workers’ Compensation, “Workers’ compensation is an accident insurance program paid by your employer which may provide you with medical, rehabilitation and income benefits if you are injured on the job. These benefits are provided to help you return to work.”

In order to qualify for workers’ compensation benefits in Georgia, you must have been injured during your working hours at work. 

[Related Read: How Do I Check the Status of a Workers’ Comp Claim?]

What Are Georgia Unemployment Insurance Benefits?

According to the Georgia Department of Labor, “Unemployment insurance is temporary income for workers who are unemployed through no fault of their own and are either looking for another job, have a definite recall within 6 weeks of the last day worked, or are in approved training. The funding for unemployment insurance benefits comes from taxes paid by employers. Workers do not pay any of the costs.”

In order to qualify for unemployment in Georgia:

  • “You must be unemployed through no fault of your own.”
  • “You must be able to work, be available for work, and be actively seeking work each week you claim benefits.”

What Is the Difference between Workers’ Compensation and Unemployment?

Workers’ Compensation and Unemployment are completely different programs run by completely different government offices.

Workers’ Comp is designed for those who are injured at work and unable to work as a result.

Unemployment is designed for those who have lost their job through no fault of their own.

Workers’ compensation is designed to cover the cost of medical procedures and loss of income.

Unemployment is designed to provide job seekers with money to help them make ends meet until they find a new job.

The key difference between workers’ comp and unemployment in Georgia is that those filing for unemployment must certify when they apply that they are “able to work, available for work, and seeking work.”

Workers’ compensation is typically used by those who are unable to work or perform the same work duties due to an injury. 

Can I Receive Workers’ Compensation and Unemployment at the Same Time?

The workers’ compensation law in Georgia says that those who are receiving temporary total disability (benefits paid to employees who are totally out of work) or temporary partial disability (benefits paid to employees who are partially out of work) cannot also receive unemployment benefits at the same time.

What If I Haven’t Received Workers’ Compensation Benefits Yet?

There is a loophole that experienced workers’ compensation attorneys know how to navigate.

Unfortunately, receiving workers’ compensation benefits takes time – especially if the insurance company is fighting it and your case will have to go to court.

How can you make ends meet if you are out of work due to your injury and you aren’t receiving loss of income benefits from workers’ compensation?

In this case, you may be able to apply for unemployment benefits to cushion between when your injury was reported and when you receive the workers’ compensation benefits. 

In some cases, this not only provides a cushion as you wait for workers’ compensation benefits, but it also may qualify you for more money if your workers’ comp benefits are more than what you were paid in unemployment benefits. 

Note: Your employer may request a credit against any unemployment benefits that were paid to you. For example, if you were paid $500 in unemployment benefits, your employer can take a credit of $500 against any workers’ compensation benefits they owe you. The law doesn’t let you take two bites out of the apple. 

What If My Workers’ Compensation Benefits Have Ended?

Let’s say you were injured at work and received workers’ comp benefits. You reach the point where your doctor says you are as well as you can be and are ready to return to full-duty work, but your old job isn’t available.

In this case, you could apply for unemployment benefits because you are no longer receiving workers’ comp, and are ready, willing, and able to work. 

What If My Unemployment Benefits Have Ended?

On the other hand, let’s say your unemployment benefits end. Can you apply for workers’ compensation?

Not likely.

Georgia workers’ comp requires that you have reported your injury no more than 30 days after the accident that caused the injury.

Additionally, you must file your workers’ compensation claim within one year of your injury.

The chances of unemployment ending within this time frame are unlikely.

Why Should I Work with an Attorney?

Workers’ compensation is tricky. Even more so when you add in unemployment.

Workers’ compensation insurance companies are in the business of making money – not giving it away.

Therefore, they will go out of their way to find reasons not to give you money.

This includes arguing that you applied for unemployment.

They’ll say since you filed for unemployment, you are “ready, willing, and able to work,” so why should you need time off work or light duty?

This is one of the many reasons why you need to work with a workers’ compensation attorney.

Watch this video for even more reasons why.

Even if you aren’t looking for ways to apply for both workers’ comp and unemployment in Georgia, it is helpful to have an experienced workers’ compensation attorney to guide you through the process. 

If you’ve been injured on the job, contact us today for a free, no-strings-attached consultation.

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