In Florida, an injured worker who is laid off, terminated or fired from their job can collect unemployment benefits and still receive Temporary Partial Disability (TPD) benefits from the workers compensation insurance company. The workers compensation law does not allow payment of Temporary Total Disability (TTD) payments, or Permanent Total Disability (PTD) benefits in any week where the employee is paid unemployment benefits.
To receive unemployment benefits the injured worker must be ready, willing and able to work. This does not mean that they have to be free from all restrictions resulting from the workers compensation accident. Nevertheless, they should be generally able to perform substantial work activities. By law, a person who is totally unable to work cannot receive unemployment benefits since they, by definition, are not ready, willing and able to work.
The injured worker should be aware that unemployment benefits act as an offset to temporary partial disability (TPD) benefits. The unemployment benefits payment is treated like post-injury earnings for the purpose of calculation of the TPD payment.
For example, an injured worker is on light duty from his workers compensation accident and is entitled to TPD benefits. At the time of injury his average weekly wage was $1,000.00 dollars. The law requires that his wages are reduced to 80%, or $800.00 dollars, so that his TPD payment can be calculated. If the employee is paid $275 in unemployment benefits the $800.00 amount is reduced to $525.00. The law requires the workers compensation insurance company to pay 80% of $525.00, or $420.00.
If you have been laid off, terminated or fired you are still entitled to workers compensation benefits.
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