FindLaw | Find a Lawyer. Find Answers.

Workers' Compensation Benefits are provided to you when you are injured at work, while State Disability Benefits provide you with weekly benefits if you are ill or injured off your job and cannot work at your normal or customary job. However, you can draw State Disability Benefits for any day you are entitled to receive Workers' Compensation Temporary or Permanent Disability Benefits, if State Disability Benefits are higher than the Workers' Compensation Benefits.

If your employer, or its insurance company, is disputing whether you should receive Workers' Compensation Benefits, the State can provide you with State Disability until the dispute is resolved, then the State will ask for its money back if you are successful in your Workers' Compensation case.

Workers' Compensation Temporary Disability Benefits are paid until your condition becomes permanent and stationary. Thereafter, you may be entitled to permanent disability benefits and life-time medical care. However, State Disability Benefits are payable for a maximum of only fifty-two (52) weeks.

There are occasions when an industrially injured worker can receive both Social Security Disability Benefits and Workers' Compensation Benefits. If you are disabled, or expect to be disabled for at least a year and a day, or have a terminal illness, and have paid in the necessary monies to be covered under the Social Security Disability System, you may be able to draw both Social Security Disability and Workers' Compensation, or State Disability Benefits at the same time.

The Social Security Disability Benefits may be partially reduced by your receipt of Workers' Compensation or State Disability Benefits, unless you are a high-wage earner.

MAY I RECEIVE UNEMPLOYMENT BENEFITS AND WORKERS' COMPENSATION BENEFITS?

Not normally. Unemployment Benefits are not payable while you are receiving temporary disability benefits through Workers' Compensation. However, if your doctor finds you permanent and stationary and unable to return to work, you may be entitled to unemployment benefits if your employer indicates they have no work available for you and you can not find another job. You must be ready, able and available for work. The maximum benefit is payable for up to six months.