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Old 02-10-2011, 12:13 PM
2 posts, read 3,118 times
Reputation: 10


[SIZE=3]Can I claim umemployment benefits if I was terminated whilst I was off work and was on Workers compensation owing to a on-the-job-injury?[/SIZE]
[SIZE=3]I was injured at my job on January 2009 and off the job since as per doctors’ report. I am on workers compensation and presently collecting my weekly checks fromWC. My current sick leave owing to my injury ended on 02-28-2011. I am due for another doctor’s vist on 02-28-2011 at which time doctor will re-examine me and dtermining whether I should or should not return to work and at what capacity. [/SIZE]
[SIZE=3]However, I rceeived a letter from my employer stating that my service has been terminated on 02-8-2011. Reason stated is: “Under applicable Fedral, State, and Company leave policy, you have exhausted the maximum leave time”[/SIZE]
[SIZE=3]Q1: Will I be able to claim umemployment benefits if upon reporting to work my employer reafirms that I was truly terminated?[/SIZE]
[SIZE=3]Q2: The fact that I was out of work for sifnificant period and could not contribute to my quarterly umemployment insurance will that prevents me from claiming and receiving umemployment benefits? [/SIZE]
[SIZE=3]Q3: And if Q 2 prevents me from claiming unemployment benefits, how was I to contribute if I was injured on the job and off work?[/SIZE]
[SIZE=3]Please let me know.[/SIZE]

Last edited by Irisgaber; 02-10-2011 at 12:25 PM..
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Old 02-10-2011, 12:55 PM
3,264 posts, read 5,589,334 times
Reputation: 1395
There's an unemployment forum . Click the link https://www.city-data.com/forum/unemployment/
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Old 02-10-2011, 11:49 PM
Location: The Ranch in Olam Haba
23,707 posts, read 30,730,816 times
Reputation: 9985
If you are under WC you cannot be terminated under full disability. If you have never returned to work since 2/2009 them none of your sick days would have been touched. Now if you started using your 2011 company paid sick time while on WC then this is called double dipping. Contact your WC lawyer (s)he will call the employer and have the termination nullified. Even though you were not paying into UI, your company still had to pay their share. Then once the Dr releases you from WC, then the company you work for can update your termination date to that date.

Now if you are under WC for medical only (partially disabled) then yes you can submit for UI.
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