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Were you fired while you had an open or pending workers' comp claim?

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Employment Law

10/28/2011
Tracy Williams
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Were you fired while you had an open or pending workers' comp claim?

Have you been fired from your job while you have an open or pending workers' comp claim?  If so, you're probably eager to file for unemployment benefits.  After all, you've been fired and you've heard you are entitled to those benefits.  But remember, when you file a claim for unemployment benefits, you must be "able to work."  That means you must be physically able to perform some type of work that you are qualified to perform.  Now don't get us wrong.  Just because you could no longer perform your OLD job does not mean you are not eligible for unemployment.  As long as there is some other work you can do, you may still be eligible for benefits.  But if you are represented by an attorney in your workers' comp claim, you should speak with them.  You may be under a doctor's restrictions and you don't want to do anything that could jeopardize your worker's comp claim.  So if you are represented by a workers' compensation attorney, be sure to discuss the impact an unemployment claim can have on your WC case.  And as always if we can help answer any workers' compensation or unemployment claims questions, don't hesitate to call.  We'll see if we can help you sort this out.

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