refused unemployment comp. resigned due to injury case (2013, insurance)

[Hudson8]

I was injured at work in February 2013. After the injury I received medical care from the W.C. insurance company doctor. I completed months of the suggested treatment. The treatment given did little to heal my injuries. Nine months after sustaining the injury, I requested a second opinion from the W.C. insurance company and was denied. I subsequently went through my own insurance carrier. My private doctor ran tests and evaluated my situation. I received a written notice from him suggesting I reduce my work days to 3 per week, and immediately gave it to my HR manager. I continued working the hours that my doctor deemed maximum for my physical limitations. I was told by my Company, that my job was a full time position and not part time as deemed appropriate for my physical restrictions. I continued to work only the hours suggested by my doctor and I hired an attorney. Months later, at 3pm while I was working, I was contacted by my attorney with a settlement offer. One condition of the settlement was that I resign my position IMMEDIATELY. I was to leave at the end of my scheduled work day, without saying a word to anyone in the store, including management personnel. I agreed, and 2 hours later clocked out and left the store. I have since filed for unemployment benefits and have been denied. I was not aware that being pressured to resign negated my rights to unemployment benefits. How can I fight this?

[SDWILLY]

i'm no expert, but usually when you resign you can't get unemployment since you are the first mover. now if you resigned effective 30 days from notice and your employer accepted the resignation effective immediately then they're the first mover and you get benefits.

i hope the settlement was nice--usually unemployment isn't much to begin with. but the attorney should have advised you appropriately here.

in this case it sounds like you implicitly resigned by not showing back up from work. what does your attorney say?

[greatblueheron]

Pressured to resign? That was YOUR attorney! Was he work comp atty or just general?

Having worked in the worker comp field for 15 yrs....work-related injuries are not typically covered by private insurance since they are WORK RELATED and the state has the worker's comp in place, paid for by employers, for just such injuries. Unemployment does not apply to WC cases...

To my knowledge:

The treating MD for WC was the one to determine: when you return to work, at what level, and any permanent disability if there is one. If you felt you were released too soon or not at full capacity, that was the time to mention any issues.

Since you have already apparently accepted the deal, not sure what else could be done. Speak with a WORK COMP ATTORNEY or take up with the SC Industrial Commission, the board for Worker's Comp.

Originally Posted by Hudson8

I was injured at work in February 2013. After the injury I received medical care from the W.C. insurance company doctor. I completed months of the suggested treatment. The treatment given did little to heal my injuries. Nine months after sustaining the injury, I requested a second opinion from the W.C. insurance company and was denied. I subsequently went through my own insurance carrier. My private doctor ran tests and evaluated my situation. I received a written notice from him suggesting I reduce my work days to 3 per week, and immediately gave it to my HR manager. I continued working the hours that my doctor deemed maximum for my physical limitations. I was told by my Company, that my job was a full time position and not part time as deemed appropriate for my physical restrictions. I continued to work only the hours suggested by my doctor and I hired an attorney. Months later, at 3pm while I was working, I was contacted by my attorney with a settlement offer. One condition of the settlement was that I resign my position IMMEDIATELY. I was to leave at the end of my scheduled work day, without saying a word to anyone in the store, including management personnel. I agreed, and 2 hours later clocked out and left the store. I have since filed for unemployment benefits and have been denied. I was not aware that being pressured to resign negated my rights to unemployment benefits. How can I fight this?

[WiseManOnceSaid]

I'm using Fred Reisen at Reisen law firm for my WC case, it's been dragging on for years now and will probably continue to drag on for more years to come, just don't expect quick results, on any results at all, and if you do get something out of the company, look at it as gravy.