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  1. #1
    Join Date
    Oct 2008
    Posts
    21

    Default Unemployment After Settlement

    My workers compensation claim was made in the State of: florida

    when you settle, i know alot of times er/ic wants you to signoff as resign and quit, but can you negotiate that you want unemployment included in the settlement. settlement will possibly be before operation i might decline to have the operation so there is a motive for the er/ic to negotiate.

    i will have to do home therapy by myself and need time so i need unemployment to pay the essential bills and food to get by.

    thanks in advance

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Unemployment After Settlement

    Initially, to qualify for UI benefits, you must lose your job though no fault of your own...(there can be mitigating circumstance to this 'rule')

    Second..you must be 'ready, willing, and able' to accept employment if offered to you....

    Third... UI benefits are not traditionally 'negotiated' in a settlement...you are either eligible for benefits, or you aren't.
    settlement will possibly be before operation i might decline to have the operation so there is a motive for the er/ic to negotiate.
    There is no motive on the part of the ER/IC to settle you claim if you decline treatment/surgery...that is not nearly enough for them to consider as a 'money saving' issue. If at a later date, there could still be liability for treatment to this injury on the part of your ER/IC...so in reality, they don't care one way or the other at this point whether you have the surgery or not.
    WC is a 'benefit delivery system', and that is what is occurring here now.

    If you decline treatment, your benefits/wage loss will stop. There is no reason the ER/IC would be liable while you take time to condiser your options, or treatment plan. If you opt to remain in your current condition, that of course is your choice.
    WC benefits are intended to return you to a 'gainful employment' status as quickly as possible. Whether that is pre-injury condition is not relevant.

    i will have to do home therapy by myself and need time so i need unemployment to pay the essential bills and food to get by.
    As you are capped at 104 weeks of TTD in FL, if you pass that cap, you should apply for State Disability benefits, if that is provided by the state.

    IF you were to settle your claim now, by a C&R, additional treatment could be out of your pocket...

  3. #3
    Join Date
    Oct 2008
    Posts
    21

    Default Re: Unemployment After Settlement

    thanks bvia

    if i cant do the job no more, carpal tunnel/back pain, how can they deny me unemployment. i can actually reinjure myself/ drop things because of my condition . my employer wouldnt want me back because it would be a unsafe condition and possible different injury claim.

    if i reach mmi, am i forced to settle? can i complete 104 weeks? if they wont give me light duty, how can they say i quit when it was the er themselfs who wont let me work?

    can a unemployment lawyer get invoved in the unemployment hearing when the er denys the claim.

    thanks again

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: Unemployment After Settlement

    Unemployment benefits are not 'disability' payments/wage loss as you would receive due to a work injury, or CT/cumulative trauma as you have sustained.

    As I said, to be eligible for UI benefits...you must be 'ready, willing, and able' to accept employment if offered to you........If you are considered 'disabled' you are not able to accept employment.

    if i cant do the job no more, carpal tunnel/back pain, how can they deny me unemployment.
    You have claimed WC benefits because you claim a work related injury/illness... so, get the treatment as determined medically necessary... and go back to work in a job that fits your restrictions as determined by your treating physican.

    If there is no job for you to return to...then you may be eligible for vocational rehabilitation benefits...
    if i reach mmi, am i forced to settle?
    This is not a case where you are 'injured' and then collect some kind of money benefits until you find a new/alternative career...once you are MMI, it is expected you will RTW as soon as possible, is some type of capacity.

    Once MMI, your condition will be evaluated to determine your impairments, or inability to compete in the open labor market...and a potential value to your PD determined...you cannot be 'forced' to settle by a lump sum payment. The PD can pay out, probably bi-weekly..and the medical remain an option.

    can a unemployment lawyer get invoved in the unemployment hearing when the er denys the claim.
    Probably not... employment attys deal with job discrimination, harrassment, and those type of cases...the fact you were denied unemployment benefits would not be cost effective to you or the atty.

    how can they say i quit when it was the er themselfs who wont let me work?
    That would be one thing..and you would probably be entitled to unemployment ...IF....IF you are available to accept a job if offered.

    my employer wouldnt want me back because it would be a unsafe condition and possible different injury claim.
    You won't be able to know that until you undergo the recommended teatment, recover, and make the attempt to RTW.
    Your current ER may very will be able to make the 'reasonable acommodation' to bring you back into the fold...
    WC does not provide job security, or long term 'disability' benefits while you try to find a new job that suits you.

  5. #5
    Join Date
    Nov 2008
    Posts
    1

    Default Re: Unemployment After Settlement

    someone please! i am novice to this situation and circumstance i am in.
    i have a wc case and am under doctors care and recieving compensation and represented by attorney.

    i have been put back on "light duty", and without success...in agonizing pain.
    it is clear that my employer does not want me there since i am seemingly useless to them.
    my question is that if they terminate me and compensation is stopped or continues for whatever duration, can i recieve unemployment benefits?

    for some inane reason the other parties involved seem to think that once i "sign off" that all my pains will cease and i will recover instantaneously.

  6. #6
    Join Date
    Mar 2008
    Posts
    417

    Default Re: Unemployment After Settlement

    My question for you is....What makes you think employer doesn't want you there? Second I would like to say...If the job is bothering you that bad you really need to talk to your doctor and tell him/her how much you hurt. The he will either modify your restrictions or take you off until surgery. If he takes you off of work then you are in titled to work comp pay. If work can't accommodate your restrictions then you are eligible for work comp pay. With experience with the work comp system and being let go from work the big B is correct you have to be willing and able to work. I was still injured when I was let go and then a month later my work comp pay stopped. I was willing to work work just wasn't willing to let me work with my restrictions. So I went to the unemployment office and disgust this situation with them. I was to look for a job that was in the restrictions the doctor ordered and I had to make sure any employers that were willing to hire me were informed of my restrictions. Needless to say it took me 6 months to find one that was willing to take me with a screwed up back but I was able to and they have been very understanding about my condition and with restrictions. They also told me that if any part of my job really bothered my back that I was to tell them and they would see what they could do to help me out. Just try to stick with your job as long as you are able to. Don't give up. Good luck!

  7. #7
    Join Date
    Oct 1971
    Posts
    3,362

    Default Re: Unemployment After Settlement

    Hey jemrani aka sanlim..for starters you can't use two usernames. Second you can't claim you're disabled then claim you're able and available for work to recieve unemployment, it's called "fraud".
    I'll block the last name you used, don't try it again or you'll be banned.
    Tony
    Moderator
    We reserve the right to forbid any user from participating in this forum, and to close any user account, at any time, for any reason. In the interest of the community, this may be done without prior notice or warning.
    http://www.workerscompensationinsura...inks/index.htm

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