The Flint Journal “Ask the Attorney”

MacDonald & MacDonald PLLC

Q.    I fractured my hip at work a few months ago.  I worked light duty for a few months, and then my employer laid me off and told me to file for unemployment. I asked the employer’s workers comp adjuster for workers’ comp–but he told me that a person can not get unemployment and workers’ comp at the same time. Is this true?

A. No. If you were laid off, but are still able to do some kind of work you did in the past, unemployment benefits can be payable. If you are not able to perform or obtain work at your previous highest wages or ‘maximum wage earning capacity’ because of your injury, you are also considered disabled and entitled to workers’ compensation benefits. The workers’ comp carrier will get to take credit for regular unemployment benefits you receive.  Litigation is pending regarding whether additional federal benefits paid during the pandemic can also be used to reduce workers’ compensation. Usually, if your wages before the injury were high enough, you will be entitled to additional weekly workers’ compensation in addition to unemployment. If the insurance company won’t pay, contact us for further assistance. (March 2014) (Updated Feb 2022)

–Attorney Robert J. MacDonald