No. In applying for unemployment benefits during the period a worker is off work due to an on-the-job injury, the worker must state in writing that they are willing and able to work. Even though the injured worker will rarely, if ever, be called for work, the Workers’ Compensation insurance company could argue that the injured worker’s statement to unemployment, is contrary to their claim that they are unable to work.
However, recent court decisions have recognized the financial difficulties facing an injured workers who is not receiving T.T.D. benefits under the Act and have ruled that a worker who has applied for unemployment benefits, in certain circumstances, is not barred from claiming they are entitled to T.T.D. benefits. Nevertheless, it is advisable that the worker discuss the circumstances of their accident with an experienced Workers’ Compensation attorney before applying for unemployment benefits.