by blaeey » Wed Nov 30, 2011 1:29 pm
In most cases, it is not legal to get both checks. It is also not your decision which check to get.
In all cases, it is not legal to get unemployment if you are receiving worker's comp and are not sharing that information with the unemployment department yourself.
To get unemployment checks, you must share information about all money you are receiving, yourself, whether or not the payer shares it. You can go to prison for withholding information when claiming unemployment.
If you cannot work, then it is not legal to get unemployment checks.
If you are physically able to work at your old job, even if your employer will not let you work there, then it is not legal to get worker's comp checks.
In theory, if you are physically able to do lower paying work, but cannot find any, then you might be able to get two separate checks, but for smaller amounts (a worker's comp check for not being able to do your old job and an unemployment check for not being able to find a job of the type that you can do), but only if you, yourself, share the information about the worker's comp checks with the unemployment department.