Greetings, I heard on the radio this morning that the U.S. unemployment rate is now less than 5%, based on claims for Unemployment.  I though it might be a good refresher for a tip.

It is essential for employers to let the carrier know if a claimant has applied or is receiving UE benefits so we stay on top of it.

Fl Stat 440.15(10) addresses the impact of Unemployment benefits on WC.

A claimant can not collect TTD or PTD and unemployment.  Most of the time when UE finds out they have even filed for PTD, they will stop the UE benefits.  But…if you are paying TTD and find out the claimant is or has collected UE, you can deny and claim an overpayment.

If the claimant is receiving TPD, UE is “primary”.   What that means is you calculate the TPD owed first using the 80%/80% formula, and then you deduct the UE from the amount you owe.  It does not go in to the 80/80 formula, it’s a  straight dollar for dollar reduction at the end.

We send the claimant an UE release form to check on the status if they are no longer employed.

Let me know if you have any questions.  Here is the statute…..

440.15(10) EMPLOYEE ELIGIBLE FOR BENEFITS UNDER THIS CHAPTER WHO HAS RECEIVED OR IS ENTITLED TO RECEIVE REEMPLOYMENT ASSISTANCE.—

(a) No compensation benefits shall be payable for temporary total disability or permanent total disability under this chapter for any week in which the injured employee has received, or is receiving, reemployment assistance or unemployment compensation benefits.

(b) If an employee is entitled to temporary partial benefits pursuant to subsection (4) and reemployment assistance or unemployment compensation benefits, such reemployment assistance or unemployment compensation benefits shall be primary and the temporary partial benefits shall be supplemental only, the sum of the two benefits not to exceed the amount of temporary partial benefits which would otherwise be payable.
Morgan Indek | Partner