Friday, February 13, 2009

Unemployment and MN Workers' Compensation

If you are injured at work, you are fired or laid off, your doctor has released you to work with restrictions, and the insurance company denies your workers’ compensation claim, you may be able to apply for unemployment compensation.

You need to be aware, however, that you may not receive both workers’ compensation wage loss benefits and unemployment compensation for the same time periods. The idea is that you shouldn’t be able to “double-dip,” so to speak.

If you have received unemployment compensation benefits and you are subsequently awarded workers’ compensation wage loss benefits for the same periods, you are responsible for reimbursing the Department of Employment and Economic Development for the unemployment benefits you received.

This situation arises very frequently where the insurance company has denied benefits, or has terminated payment of wage loss benefits. If you have received unemployment compensation while you were unemployed following a work injury, we will put the Department of Employment and Economic Development on notice of their right to intervene when we initiate a claim on your behalf. If we are able to reach a settlement on your case, we will typically negotiate on your behalf with the Department of Employment and Economic Development to satisfy their subrogation interest.

Figuring out which benefits you are entitled to if you have a work-related injury, and how those benefits are coordinated can be very confusing. We can help. Call us at 877-746-5680 or click here to email us to schedule a free consultation with one of our workers' compensation lawyers.

Visit our workers' compensation website at MeuserLaw.com!
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