PA Workers Comp or Unemployment, Which is Better

Tim Kennedy is certified as a specialist in the practice of Workers' Compensation law by the Pennsylvania Bar Association's Section on Workers' Compensation Law as authorized by the Pennsylvania Supreme Court

CERTIFIED WORKERS
COMPENSATION
SPECIALIST:

Strain and Sprain

Can I Sue My Employer?

Can I Sue Company Doctor?

Myofascitis

Notice Ability Return to Work

Lumbar Stain

Ins. Co. Trying to Stop Comp

Cervical Strain

Notice Stopping Temp Comp

Thoracic Strain

"Case Manager" on My Side?

Thoracic Outlet Syndrome

Vocational Interviews

Brachial Plexopathy

Lawyer Timothy Kennedy | Featured Attorney Workers Compensation

Labor Market Surveys

Torn Meniscus

Earning Power Assessments

Tendonitis

How Long Can I Get Comp?

Epicondylitis

SERVING ALL OF PA FROM SUBURBAN PHILADELPHIA AND REGIONAL SATELLITE OFFICES

Impairment Rating Evaluations

Rotator Cuff Injury

Can I Retire on Comp?

Orthopedic Injury

Can I Accept a Pension?

Neurologic Injury

Supersedeas Requested? Huh?

Hernia

What is a Fair Settlement?

Metatarsal Fracture

        Pennsylvania Workers' Compensation is a far better source for compensation during a period of disability for a work injury than agreeing to a lay off or accepting unemplyment. Workers' Comp pays much more, for much longer, and also pays for medical bills. Pursuing your Workers' Compensation rights can also help protect your job. Many employers do not want to fire someone who is on workers' compensation, since this can strengthen the employee's workers' compensaiton claim and the employee's potential for a lump sum settlement for a work injury. It is common that Workers Compensation claims are settled for large lump sum payments. No settlement option is available for an unemployment claim. And where unemployment benefits end when they run out, Workers' Compensation benefits can extend indefinitely in Pennsylvania, far, far longer than any UC claim. Further, not everyone qualifies for unemployment benefits based on thier past earnings. Workers compensation, however, is available to anyone who is injured on the job, even if the injury was on the first day of work, before any paychecks were issued.

        This does not mean the two systems cannot work together. Often, when a worker is disabled from their job, this does not mean the worker is entirely unavailable for truly "suitable" employment. Even a severely disabled worker can potentially still qualify for unemployment. This can sometimes mean that UC becomes the workers' source of income during a fight over a disputed injury in the workers' comp courts.

        One downside of such overlapping claims is that workers compensation insurers get a credit for every dollar a claimant receives in UC benefits for periods ultimately covered by workers' comp. This means that workers compensation insurers may drag out a fight in the workers' comp forum where the claimant is getting UC benefits. Making them wait for WC keeps the worker making their bi-weekly UC claims and prolongs the period to be covered by the WC credit. The WC carrier may also feel they have less to lose, fighting over only the difference between the WC rate and UC rate (since the whole UC rate, if paid to the worker, is deducted from the WC eventually awarded). This can make for a longer fight in the Workers' Compesnation forum, though that fight may be less economically painful for the workers' family where at least some income is coming in.

        Our strong advice: If you have been hurt at work, you must pursue your Workers' Compensation rights. If you also have grounds for an unemployment claim, you might do well to make both claims if your workers compensation rights are being disputed. You should never agree to accept a layoff and payment of undisputed UC benefits in exchange for giving up rights for a work injury. If you elect to make us your attorneys for a work injury, talk out these issues with us before pursuing your unemployment rights.

        We can help you develop a plan that will give you the best possible flexibility to pursue your legal rights in both the unemployment law forum and in your workers' compensation claim. Call us now at 484-453-8144.

How is Lawyer Paid?

Back Injury

What is "Heart and Lung" Act?

Neck Injury

Compromise and Release

Closed Head Injury

Commutation of Benefits

Concussion

Subrogation

Other Work Injuries

Philadelphia Suburbs:
90 S.Newtown Street Rd,
Newtown Square PA 19073
(610) 924-5667

Philadelphia:
1700 Market Street
Suite 1005
Philadelphia PA 19103
(215) 559-5003

See All Locations

CLIENT TESTIMONIALS:

I had a serious work related injury. I hired Tim after speaking with him and feeling completely at ease with his professionalism and demeanor. My case became complicated over time. Throughout the process I always felt that Tim had my best interest in mind. With every phone call or email, Tim was very informative and proactive, always explaining things in a way I could understand. He worked hard for me in his dealings with my employers insurance company. He did this so much so, the insurance company actually fired their own attorneys in the middle of litigation. In the end, Tim was able to negotiate a substantial settlement, including taking the burden off of me of an excessive amount of unpaid medical bills. I would highly recommend Tim.
                - B (Workers Compensation client)

"I" truly, Love / Respect and Appreciate - "Attorney: Timothy James Kennedy" for, his (highly, professional / unselfish {going, above and beyond} / highly, dedicated) approach in working with, me / my, un-fortunate circumstance(s) and my (unfortunate), legal dilemma... and, will (with; every, opportunity) be highly, recommending his legal services to (all) family / friends and strangers found in-need of such, ser-vices!!!
"Attorney: Timothy James Kennedy" is (not, only) a, true professional -He is a, loving / caring / sharing human being who (not, only) cares about his, cases and reputation; but, cares (also) for the lives and the families of those he so-caringly and so-humbly, represents!!!
He will (always) be appreciated and will never - ever - be, forgotten. "I" (on, behalf of myself and my, family) appreciates the fact that, He was willing to stop-by and become, "The Good Samaritan" in our, lives!!!
                - Michael (Workers Compensation Client)

Timothy is a really great lawyer. He knows what to do, and how to handle really sticky situations. When I first came to him, I had very little to back me up, but we mainly him lol pulled through and got the job done with GREAT results. If I could back in time I would still pick him as a lawyer 1000 times more. He took his time, talk to me like I was a person and not a dollor sign, and made lawyer jargon understandable english for me. I truely felt comfortable with him handling my case, and I never doubted him since the very first meeting. I also like that he gives his personal direct number to get in contact with him whenever you may need him, and he always responds if not that same day, the very next. The only bad thing I would have to say is its a shame I would have legal trouble to work with him again lol.
                -Trina (Workers Compensation Client)

Highly knowledgable in the law with excellent people skills..I highly recommend Mr. Kennedy.
                - Current Workers Compensation Client

As these testimonials reflect, we work very hard to satisfy our clients and to ensure the best results in handling their claims. Call us now to let us explain how we can help you advance your rights and interests, so that you too can become a satisfied client.
                -Tim Kennedy
                (484) 453-8144

Home Page | Contact Us