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unemployment vs workers comp

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faithnlve

Member
What is the name of your state (only U.S. law)? vt...not sure where to post this. Anyways...Since I was fired while on workers comp...and fighting it...should I still file for unemployment? Not sure how this all works since I was fired after getting injured. Would it still be smart to file for unemployment? thanks a bunch.
 


commentator

Senior Member
If you ever think there is the slightest chance you'll be able to work again at ANYTHING (even if restricted due to your health issues) you should go on and file an unemployment insurance claim immediately.

You won't be able to draw any money from it right now, but it will be good for one year from the date of filing.

If you file now, the claim will be based on your quarters of employment back about 18 months. If you wait too long to file, you'll run out of quarters with wages in them back there, and you won't have any unemployment to draw. So file as soon as possible.

You'll show that you were terminated while under a doctor's care. The eligibility issue can be settled while you are still receiving worker's comp. The company fired you while you were under a doctor's care. The claim sits there. You can not draw worker's comp and unemployment at the same time. But do not let anyone talk you out of going ahead and filing it now.

You cannot save up unemployment benefits till you are ready to start drawing them (released by your doctor as able and available for work.) That's why you should file now, and then work on being able and available. If a year goes by before you are released, this claim you have filed will be come void. Then if you file, you may not have enough wages in covered quarters to have any kind of claim at all.

At the point that you stop receiving worker's comp, and you are released by your doctor to work (in my state, it only has to be light duty work if you had a work related injury or issue, some states it has to be "no restrictions," your state will tell you this part) then at that point, you will be medically able to receive your benefits.

But do remember, worker's comp and unemployment do not cross information with each other. You will have to provide the unemployment office with medical information and all your required paperwork they ask for. Do not assume they have any information already because you have filed with worker's comp or EEOC or ADA or DHS or any other agency.
 

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