No, workers’ compensation is a type of insurance that provides benefits to employees who are injured or become ill due to their job. In contrast, unemployment insurance is a government-provided program that helps workers who have lost their jobs due to no fault of their own.
If you want to collect workers’ compensation benefits but have questions about how to collect unemployment benefits as well, Contact Collier Law for assistance.
Workers’ Compensation in North Carolina
The North Carolina Workers’ Compensation Act was created in 1929. The Act provides that employers or their workers’ compensation insurer pay benefits to an injured worker who is injured or becomes disabled due to a work-related injury. The Workers’ Compensation Act allows employers to self-insure if they can show financial ability to do so.
It is important to note that North Carolina is a “no-fault” system, meaning that the injured employee does not have to prove it was someone else’s fault they were hurt.
How to Apply for Workers’ Compensation in North Carolina
If you have been injured at work, you should report the injury to your employer as soon as possible. Your employer should file Form 19 with the Industrial Commission. However, it is also on the employee to file their claim using Form 18.
The workers’ compensation claim will then be investigated, and your employer’s workers’ compensation insurance company will decide whether to accept or deny the claim. If the claim is denied, you can appeal to have it reviewed.
Workers’ Compensation Benefits in North Carolina
If you are eligible for workers’ compensation, you may be entitled to medical, income, and death benefits. Medical benefits will pay for your medical expenses related to your job injury or illness. Income benefits will provide you with a portion of your lost wages while you cannot work. Death benefits will be paid to your surviving spouse and children if you die due to your job injury or illness.
How Long Does it Take to Get Workers’ Compensation Benefits?
It can take anywhere from two weeks to several months for you to start receiving workers’ compensation benefits. The amount of time that it takes will depend on the severity of your injury or illness and how long you are unable to work because of it.
How Long Does Workers’ Comp Last in N.C.?
Once injured employees obtain workers’ compensation benefits, they can continue to receive them until the doctor has released them from treatment. In general, you have the right to additional medical treatment for an additional two years after your initial treatment ends.
Compensation payments are made weekly, starting in the second week that an employee is out of work. There is no cap for total and permanent partial disability benefits for catastrophically injured workers.
Eligibility for Unemployment Benefits in North Carolina
To be eligible for unemployment benefits, you must have worked in the past 18 months, earned enough wages in a job for which your employer paid unemployment insurance tax, be physically able and available to work, and actively seek work.
How to Apply for Unemployment Benefits in North Carolina
You can file for unemployment benefits online or by phone. To file online, visit the North Carolina Employment Security Commission website. Call the DES Customer Call Center at 888-737-0259 to file by phone.
You will need to provide your Social Security number, contact information, and employment history. You will also need to explain why you are no longer employed.
After You Apply
After filing your claim, you will receive your eligibility details and benefit amount. If you are approved, you will need to:
- Start your job search by creating a jobseeker account with NCWorks.gov.
- Contact at least three employers every week. Keep a record of these job search attempts.
- Complete a weekly certification every week to continue receiving benefits.
Unemployment Benefits in North Carolina
Unemployment benefits provide temporary financial assistance to unemployed workers through no fault of their own who are either looking for new employment or attending approved training programs. This covers everyday expenses such as rent, groceries, and other costs attributed to your daily life.
How Much Will I Get In Unemployment Benefits?
Your weekly unemployment benefit amount will be based on your earnings in the highest quarter of the base period. The maximum weekly benefit amount is $350.
When Will I Receive My First Unemployment Payment?
Your first unemployment payment will generally be received within two to three weeks after filing your claim.
How Long Will I Receive Unemployment Benefits?
You may receive unemployment benefits for up to 12 weeks. Your benefit payments will stop if you become employed, fail to file a weekly claim, or fail to comply with unemployment requirements.
What If I’m Denied for Unemployment Benefits?
If you are denied unemployment benefits, you have the right to file an appeal. The first step in appealing is to file a Notice of Appeal within 20 days of receiving your denial notice.
You will then need to attend a hearing, where you will have the opportunity to present your case and provide evidence that you meet the eligibility requirements for unemployment benefits. After the hearing, the judge will decide and issue a written ruling. If you are still denied benefits, you can appeal the ruling.
Can I Quit My Job While on Workers’ Compensation?
In general, an employee can resign while on workers’ compensation. However, several factors could affect whether you should or shouldn’t resign.
If you are thinking about quitting your job while on workers’ compensation, speak with an attorney first to discuss your specific situation. At Collier Law, we can help you understand your rights and make the best decision for you and your family.
Can I Receive Workers’ Compensation Benefits and Unemployment Benefits at the Same Time?
Depending on your specific situation, it is possible to collect workers’ compensation and unemployment benefits simultaneously. For example, in North Carolina, you may be able to collect unemployment benefits while receiving workers’ compensation if:
- Your doctor has given you a modified duty release that allows for light-duty work.
- You are receiving temporary total disability benefits from workers’ compensation.
- You are not receiving permanent disability benefits from workers’ compensation.
Applying for workers’ compensation and unemployment benefits can be a confusing process. However, it is important to understand your rights and options if you are injured at work or become unemployed. Please contact a workers’ compensation attorney at Collier Law if you have any questions.
How Collier Law Can Help You With the Workers’ Compensation Process
If you or someone you love has suffered a job-related injury or illness, call an experienced workers’ compensation lawyer at Collier Law for assistance with your workers’ comp case.
You are so much more than a number to us: we value our attorney-client relationship and getting the justice you deserve. We are advocates for injured employees. Call for a free consultation to find out how we may assist you.