If you get hurt on the job, you might need to take a few days off. It's possible that you'll have to rest at home because of your injuries or illness. However, you may be anxious to return to your job, but your injury is keeping you home. Since you may be out of work, you might think that collecting unemployment benefits is the best option. However, the situation could be a bit more complex.
If you have lost your job, you can apply for unemployment benefits. If you suffer an injury, you can be out of commission for a short period of time, but you can ultimately return after you recover. If an injury prevents you from working, there are cases where you may qualify for unemployment benefits or workers’ compensation, which will be laid out in the following article.
The lawyers at Brandon J. Brodrick, Attorney at Law, are experienced in New Jersey Employment Law and Workers’ Comp program, and have the answers to your problems. We are available to answer your questions and potentially represent you in court.
What Are Unemployment Benefits?
You may be eligible for unemployment benefits if you lose your job or are laid off for an extended period of time due to factors beyond your control. Unemployment benefits are not available to those who have been terminated from their employment. In most cases, you will lose your eligibility for unemployment benefits if you voluntarily leave your job.
Unemployment benefits are much different than workers' compensation benefits. When you suffer an injury that prevents you from work, you would generally collect benefits through the New Jersey workers' compensation program. If you are laid off or lose your job, that falls under unemployment benefits.
What is Workers’ Compensation?
Governments at both the state and federal levels have established systems to ensure that workers who sustain injuries on the job are reimbursed for lost wages and medical expenses related to their treatment. People commonly refer to it as the "Workers' Compensation" system. A day off work and medical expenses may be covered if you fill out the appropriate paperwork to file for workers’ comp. It's important to remember, though, that workers' comp lawsuits can get very intricate.
New Jersey's Workers' Compensation program is administered by the state's Division of Risk Management.
Is Workers' Comp Available If You Can't Work?
Injuries sustained on the job can sometimes prevent you from going back to your job. If you get hurt while working, workers' comp is there to cover your losses while you are recovering.
You may be eligible for financial support for medical expenses, such as visits to the doctor or hospitalization. The system also compensates you for lost wages if you have to miss work.
Injured and Can't Work?
As long as the injury occurred while you were performing duties that are related to your job, you will be eligible for Workers' Comp benefits. It's a law designed to reduce tensions between employees and their employers after an accident.
An injury sustained in the workplace can sometimes be severe, leading to a worker being forced to miss work for weeks or even months. However, due to laws surrounding the unemployment insurance program, you will be able to remain as an employee at the company. Even if you have to be home from work for a lengthy time due to a medical condition, you are protected from termination. If you're "unable" to work, you can't collect unemployment, per the regulations of the state's unemployment insurance program. Therefore, you will not be eligible for unemployment benefits if you sustain a work-related injury that prevents you from returning to work.
There are some notable exceptions to this rule. The "reasonable accommodations" exception is the most common. For example, if you are injured and unable to perform duties that you were assigned before your injury, but able to perform other tasks for your employer, you would be considered "able to work" in this situation. To qualify for unemployment benefits, you must be actively seeking work and able to perform work duties.
Unemployment Benefits If Unable To Work For Medical Condition?
It is no secret that COVID and other infectious diseases are having a devastating impact on the economy, and many workers are worried about what will happen to them if they contract a virus and are unable to go to work. Are they eligible for unemployment benefits if they expect to be out for an extended period of time? If you are otherwise qualified to receive unemployment benefits under the Unemployment Insurance program, then you will get those benefits regardless of whether or not you are currently healthy. If you've lost your job due to a sickness or injury, you may be entitled to unemployment compensation.
Many states in the U.S. are tracking cases of COVID-19 through their Workers' Compensation program. Workers who enroll in the program will be compensated for time away from work as well as medical costs.
What Happens If You Can't Go Back to Work Following an Accident?
You may experience a lot of stress if you suffer a major injury on the job. The worry that you will be out of work for a long period and unable to provide for yourself and your loved ones can be a heavy burden. Can you file for unemployment? Should you seek workers' comp assistance? These questions may even add more stress to the situation.
This is why you should speak with a New Jersey Employment Law attorney from Brandon J. Broderick. We can discuss your situation and determine your needs.
Contact us to schedule a free consultation. From there, we can decide the next steps to take together.