Last Updated: October 17, 2022

Should I File for Unemployment If I Got Hurt At Work?

Does Filing For Unemployment A Good Idea?

I had something come up here lately and a guy got hurt at work. He had an off work note from his doctor but the benefits didn't get started up yet and he was short on money. 

So he went and applied for unemployment. And the problem with doing that is when you apply for unemployment you have to certify that you can work and that you're actively looking for a new job. 

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It Will Create a Big Problem

If you're hurt at work and you're off work with a work note, that's not actually true and it creates big problems for you. Because you're eventually going to have to give that money back. So it can cause real problems with impeaching you in your work injury case if you sign something saying that you're perfectly able to work.

It Will Hurt Your Workers Comp Case

So the short answer is, it's a terrible idea for you to go and file for unemployment. If you're hurt at work with an off duty note even if they haven't started your workers comp benefits. The reason is that you're going to have to refund that money, you can get in trouble for doing it and it hurts your workers' comp case. So don't do it.

Workers Comp Benefits Vs. Unemployment

Instead get on the phone with the insurance company, or hire a lawyer to do that for you to get your workers comp benefits started. And your workers comp benefits are going to be more than unemployment anyway. So unemployment is a pretty small amount of money compared to what you might be entitled to under the workers comp laws in the state of Illinois. So that's something to think about too. So if you're thinking about doing it, don't do it.

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