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I was wondering if anyone out there could help me. I live in NH and I have finally been cleared to go back to work full time. I was injured in June of 07. I drive a school bus so normally during the summer months and school vacation we file unemployment so that we have at least a small amount of money coming in. My employer told me to file unemployment over the summer. I discussed this with my claims adjuster and she said that she would pay back unemployment if they requested I do so. Well of course unemployment denied me for the months I was out on workmans comp and I now need to pay them back. I never received any money from workmans comp during the summer and I am now being charge interest from UE. I also cannot file UE until this is resolved which means no income for me during vaca's. I have already had one week of no income because of this and I wasn't totally cleared yet so shouldn't workmans comp pay me for that week? I have been trying to call my claims adjuster for months now, I have faxed her a copy, left phone messages, left emails through the website and even left a message with her supervisor. No response. They also owe me money since they paid me a "temporary amont" because they claim they didn't have the necessary information from my payroll dept to get a "real" amount. Does anyone know if there are any other steps I can take other than take them to court?
I want to make Sure I have this Correct. You were Injured at Work, and the Employer told You to Sign for Unemployment while You were Off with the Injury, and You Received UE while Off, and W/C Told You that if Necessary, they would Pay Back UE if the Situation Arose, which it did. You were then Cleared by Your Dr. to Return to Work, but You are not Working, and UE wants their Money Back because You Drew UE while having an Open W/C Claim, am I Correct? Now for some Reason You are not Fully Cleared for Work, and can't Receive ANY Funds, from UE of W/C, Correct??
If I have all of the above Correct, now I'm from Pa., so this May be a Bit Different, but You should of Received a "Notice of Compensation Payable" After Your Employer Filed Your Injury Claim, Accepting Your Injury, and the Amount of Your Weekly Benefit Amount. That would be the Very First Paper You need to Have here in Pa. to Prove You have been Accepted to have a Workplace Injury, and the i/c has Accepted Your Claim, and there should be a Claim Number on the Letter! Please let Me know if You have this, and We will go from there. Actually it Might be Good for You to List for Us any Info. You have received in Writing from w/c, so We can Better try and Help You!! Best of Luck, and Please List what You have received from w/c!!
I didn't start to receive W/C until Sept and then they would not pay me from June to Sept stating that I was receiving UE. That is why she agreeded to pay back UE. I was receiving partial payment from Sept to cleared date.
I have been completely cleared and am back to work full time.
I have a claim number.
When was Your Initial Date of Injury? If it was before You Signed up for UE, You should have Never received UE, You should of been on w/c for the Entire Time! This sounds like a Very Shady Situation Your Employer and w/c has put You in, and if not Rectified You could be Stuck Paying back UE Yourself! My Opinion Only, if what I've Typed above is Correct, it's Time for You to Contact a Few Attorney's that Specialize in w/c and UE. By the looks of things, Your Employer led You down the Wrong path by Telling You to Sign up for UE, when they knew You were Injured, and it also Sounds like they didn't even Complete the Forms for W/C Correctly, because w/c is having a hard time coming up with Your AWW (Average Weekly Wage), and that Info. has to Come from your Employer. Most w/c Attorneys will have a Consultation the First Time at n/c, and maybe by Speaking to a Few You can get the Answers You need, or You may find One You like and Retain them. But I Personally wouldn't try and Tackle this on My Own, it Sounds like Some State Laws May have been Broken By Your Employer, and You May get stuck with the bill, if You don't Act on this Soon! I wish I could have come up with a Better Answer for You, but this One is Pretty Complicated, and You Need Professional Help, in My Opinion! Best of Luck and Welcome to the Boards, and Please Keep Us Informed!
Was your claim accepted from the beginning? If so then the IC should have been paying you. If the claim was accepted and they were not paying you that may subject them to penalties in some states. If they denied your claim did they give you a written notification? When you first filed for UE did you make them aware of the WC claim?
Since the IC was not paying you then you could have been entitled to UE. In some states then UE will place a lien against WC so that if and when the payment issue is settled with the IC the IC will be responsible to pay back UE.
In reality WC should have been paying you all along. I am thinking that UE needs to place the lien. It may be that you need to speak to UE and explain that you were not collecting on the WC. Since you were not collecting from WC you should have been entitled to UE. I am wondering if they are thinking you were collecting from both. Whice if that were the case then you would be liable for paying it back.
There may be differences in how this is handled depending on what state you are in. So you can see it is important to provide that information.
The part that confuses me is. Why where you getting UE anyway if you were injuried? You should have been getting SDI until either w/c started paying or denied you or you were released from the doctor. Seems they have pulled a fast one on you and you need to seek legal help. The only way you are entitled to UE is if you are able to look for work and be able to work if it is offered, how could you do that if you were injuried and under a doctors care? Seems someone has given you the wrong advise and now they are wishing you would get tired and just go away.