Impact of Social Security and Unemployment Benefits on Florida Workers' Compensation Payments

Unemployment Compensation

While you recover from your on the job injury you may be out of work. If you are receiving Temporary Total Disability (TTD) benefits, you are ineligible to receive unemployment compensation. In order to receive unemployment compensation, you must be medically able and willing to work. Since you must be medically unable to work to qualify for TTD, you would not meet the requirements to receive unemployment compensation.

If you are entitled to Temporary Partial Disability (TPD) benefits you are eligible to receive unemployment compensation. However, if you receive both unemployment compensation benefits and TPD the sum of both cannot exceed the amount of TPD benefits that would be payable to you if you did not qualify for unemployment compensation. Additionally, if you receive both unemployment compensation and TPD benefits, the unemployment compensation becomes the primary benefit and the TPD benefits are used only to supplement the amount until it equals your TPD rate.

For example, let's say you are entitled to TPD benefits in the amount of $320 per week. You then apply for unemployment compensation benefits and receive $200 per week. You would be entitled to $200 from unemployment and $120 of TPD benefits. There is therefore absolutely no benefit to you to apply for unemployment.

Social Security Offset

If you have established entitlement to Permanent Total Disability (PTD) benefits and you become eligible for Social Security benefits as well, you may receive both but the employer/carrier is entitled to offset your PTD benefits so that the total sum of benefits does not exceed 80% of your AWW. This offset only occurs until you reach age 62. This offset does not effect supplemental benefits or a retirement pension that is not related to the disability.