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  1. #1
    Join Date
    Nov 2009
    Posts
    11

    Default Can You Claim Unemployment While on Workers' Comp

    Hey ,


    I am on Workers' Comp I have been for a little over a year. I was told by my former employer that I would not have a job to come back to once I was released from my doctor. My doctor stated in a progress note that he was going to see me one last time in November so I filed for unemployment in Dec, just to get ready. Well come to find out I had one more chance to appeal a therapy dispute through workers comp, so my doc went ahead and left me on restrictions while I made a finale appeal. I never did a benefits claim for unemployment meaning I never once got a check from unemployment at all. But now my former employer is claiming I cant file for unemployment since I am on workers comp and is disputing the unemployment claim. Unemployment office wont let me cancel the claim cause it says it is good for a year and you cant cancel. Which I do not understand because even though I filed I never received a check. I do not wanna lose my unemployment benefits because I want that for when my TIBS are up.... SO DOES ANYONE KNOW HOW TO HANDLE THIS??????????

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,045

    Default Re: Can You Claim Unemployment While on Workers' Comp

    UI claims are for one year.
    And, in the instructions, there is an explanation of what the benefits are, and HOW, as well as WHEN you should actually file.

    You are either eligible for UI, or you aren't. Your ER has nothing to do with granting UI benefits, or whether or not you can even file.

    If you are loosing your job though no fault of your own...which is the basis for eligibility, and are ready willing and able to accept suitable employment if offered... as well as have qualifying wages for the quarters used to apply benefits... you should qualify.
    Unemployment office wont let me cancel the claim cause it says it is good for a year and you cant cancel. Which I do not understand because even though I filed I never received a check.
    It is not about receiving 12 months worth of checks... it's about having access to benefits for 12 months...whether you receive a check or not for each week the claim is open.

    UI, like WC is not a benefit you use as a convenience...UI is a 'insurance' policy paid for by your ER to assure income while you seek a new job because the ER doesn't have work for you. Though no fault of yours.

  3. #3
    Join Date
    Jan 2010
    Posts
    7

    Default Re: Can You Claim Unemployment While on Workers' Comp

    You can claim unemployment byut only when you reach your IIBS which come after your TIBS I am Receiving unemployment and i also receive IIBS and the unemployment knows but you cant claim unemployment if you have been without work for more than one year so its hard to do have you reached mmi yet because that will have to happen before you get IIBS and can claim unemployment well if you need anymore help with this let me kno i have gone through all of the unemployment junk

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