will i qualify for unemployment? (receive, claim, payment, work)

[angieb627]

Hello All, I wanted to know if I have a good chance at being approved for unemployment. I was injured at work back in January of this year. I was receiving workers comp until their insurance company's doctor said I could return to work full duty so my claim was denied. Even before I saw their doctor, my doctor released me back to work but with restrictions. I was told they have no light duty for me so I thought I was considered laid off. At which time I applied for unemployment & have received two payments but now I have an interview because my employer says I voluntarily quit. I do have all intentions on quitting because due to the injury I can no longer perform that type of work. Although, I am able, available, and actively looking for work in a different field. I can work. I just cannot perform that type of work anymore. My questions are will I qualify for unemployment while I'm looking for a job & will I continue to receive benefits while waiting on my interview? Any information would be appreciated. Thank you

[Chyvan]

Originally Posted by angieb627

I was receiving workers comp until their insurance company's doctor said I could return to work full duty so my claim was denied.

This is a weakness. They have a doctor saying one thing, and you have your doctor saying another. It will be the battle of the experts, so you need to get DOCUMENTATION.

Originally Posted by angieb627

Even before I saw their doctor, my doctor released me back to work but with restrictions.

You better have this in writing, and if you don't, go get it. You'll most likely need it.

Originally Posted by angieb627

I was told they have no light duty for me so I thought I was considered laid off.

People get this wrong all the time. "Laid off" means lack of work. Just because they don't have work for you that you are able to perform does not make it a lay off. You were either fired with no misconduct (being too sick to do that type of work is not misconduct,) or you quit, and there are enough things in your story to make it a good cause quit. However, if adjudicated as a quit, then know the burden is on you to prove everything. Sometimes it's just not enough to tell your story. You have to back it up with documents.

If you have it in writing that "we have no light duty work for you," that will go along way to establish that you didn't just quit, but gave your employer an opportunity to fix things so that you could retain employment, and they told you, "no," and only at that point did you leave your job (either voluntarily or because you were fired).

Originally Posted by angieb627

will I qualify for unemployment while I'm looking for a job

There are no absolutes in UI. The odds are very good that you have the makings of a qualifying separation. However, other people have had a good shot at UI, and they botched it because they didn't know what they needed to prove.

I've told you what you needed, so get your stuff together and be ready. Also, know that some UI interviewers will deny everyone, so don't take the first "no." Come back if you get denied so that you can work on your appeal, and don't do anything on your own because once you write that one wrong thing, you can't take it back.

Originally Posted by angieb627

will I continue to receive benefits while waiting on my interview?

In all probabilty, NO! You lied and were not laid off. The state gets to investigate, and while they investigate, the tap is turned off. If you get benefits at this stage, you will be paid for all the weeks that you claim where the benefits were suspended, so keep claiming, but expect no money and budget accordingly.

I also want to point out that you are correct that you can't do THAT job, but you can do something. However, be careful, because while an interviewer may not deny because of the separation, some will go ahead and deny because they believe you are too sick to do any job, so keep that in mind as you carefully tell your story. Chose your words wisely.

[angieb627]

Okay, thank you very much for the information. I do have documentation from my doctor that I can work but only with restrictions. I have a torn rotator cuff and cannot lift more than 20lbs. This position is in a hospital with extremely heavy lifting. Continuing in that position would've made my situation worse.
An attorney told me I'm laid off if my employer doesn't/can't accommodate restrictions I've developed after an on the job injury so I don't consider it a lie. I am still today employed there, but cannot work. I haven't resigned yet. I need some form of income being that they stopped workers comp.

[Chyvan]

Originally Posted by angieb627

An attorney told me I'm laid off if my employer doesn't/can't accommodate restrictions I've developed after an on the job injury so I don't consider it a lie. I am still today employed there, but cannot work. I haven't resigned yet. I need some form of income being that they stopped workers comp.

Your attorney is full of crap. Look it up. I'm sure there is plenty of work for you of the type you were hired for. The employer is not required to give you light duty if they don't have it.

You need to get your story straight, and follow the requirements that UI imposes on you. If you try this "I was laid off" dance, an interviewer or disgusted judge will be able to walk you right down the path of a denial because you don't know what is required of you.

You don't have have to officially quit to make it a quit, and your employer doesn't have to say, "you're fired," to make it a discharge. The safest course of action of treat it as a good cause quit and go down that path. That way you won't be blinded sided. A quit has the highest requirements of you to get UI.
Also, your employer mostly likely has a report contradicting your doctor. Hopefully, there is a chance the report is with the insurance carrier and the employer can't use it against you because they don't have it, but you may or may not know that. There is also the chance that if your employer has the report, they may not submit it, and again, lucky you.

You have to prove:

You have a physcial limitation (but not so limiting that you can't do anything)

That you went to your employer for an accommodation, and they told you, "no."

At that point, you no longer had a job to go to anymore.

Absolutely no where in those above items is there a "lack of work."

[angieb627]

I understand. And yes I can prove the things listed above. Thank you for sharing your knowledge. I pray I can get approved....