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  1. #1
    Join Date
    Mar 2021
    Posts
    1

    Default UI Eligibility

    My workers compensation claim was made in the State of: Rhode island

    Hello, I have a question for unemployment regarding eligibility. I have been on workers compensation for the past year and 7 months. Prior to going on workers compensation I was laid off from my job and had 1 week of unemployment before having to reopen a pre existing workers compensation claim due to a recurring*dislocated shoulder injury that resulted in surgery. I have court this week that may discontinue my workers compensation benefits. Would I be eligible for unemployment benefits?

  2. #2
    Join Date
    May 2010
    Posts
    610

    Default Re: UI Eligibility

    If you are MMI and have been cleared you should be starting to look for a job just be careful if you have restrictions...Then you would be eligble for unemployment

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,804

    Default Re: UI Eligibility

    Generally speaking, you would qualify for unemployment if you are willing and able to work and are looking for work. The actual standard might be stated differently in your state law, but that is the basics of it everywhere. So, when folks are out of work with a work comp injury, they don't qualify because they are not "able" to work due to the disability resulting from the injury. When that disability ends, whether you are eligible depends on the circumstances of your being unemployed, (fired or laid off vs. voluntary quit) and the previously mentioned "willing and able to work" factor. These are general comments and not specific legal advice as to your state law.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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