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Unemployment or Workers Comp???

Hi Everyone, Happy New Year

I found out Friday, that I do not have a job anymore, I was working through a temp service and I have been working at the same job going into my 2nd year. This is the same job that I sustained this stupid injury on, (Jones fracture, broken foot) only 40% healed as of Dec. The temp service is self insured and that is another problem because I am not dealing BWC.

I have been off of work since the end of Nov. I am having a problem with the C-84 form, the holdup is my doctors office they said something about dates, and I am way past the 14 days waiting period. My attorney said she has been trying to contact them, and asked me to try calling. What a pain in the you know what.

My question is:

If my doctor releases me with restrictions to go back to work, will I be able to file unemployment? While I am in the middle of fighting for workers compensation, no one is going to hire me with restrictions. I was told by the temp service to try and find at home employment, because they can't send me out with restrictions. I feel like I am in the middle of the system and I am stuck. I have yet to receive PT, bone stimulator, and she asked for that way back in October, and again in December. I am caught up in the system. Anyone have any suggestions

It is an interesting question that you ask. By filing a WC claim, If you are seeking monetary benifits, you are saying you can not work. By filing for unemployment, you are saying you can work.

If I were in your shoes, and the dr. released me to work with restrictions, then I would file for unemployment. I at the same time would not hold anything back when I was filing. I would be extremely straight forword and honest.

Just my thoughts. Take Care

8-05, Micro laminectomy/disectomy. 10-05 lumbar fusion L5-S1. 2-07 exploritory surgery. 12-07 medical implant, Spinal Cord Stimulator. now receiving SSDI. After going back to school, I received my degree as a mechanical engineer. What can I say, it was the only way I had to beat the system. 

AQA, thank you so much for your advice. I have an appointment with my doctor on Wednesday morning, and if I am released with restrictions, I will call unemployment and give them all of my information to see if I can jump on board. Anyway it goes, I will update everyone regarding the out come. Talk to you all later.

Netta, I was fired from my job because the injury prevented me from ever going back to that kind of work.I am collecting unemployment in the state of Mass.According to my lawyer, the only affect this has on my wc case is that the IC does not have to make bi-weekly payments untill the un-employment runs out. In my case I am getting more $$ from un-employment than I would be getting from IC.I am able to do this because my dr has said that I could do some type of work, just no lifting over 10 lbs, no bending or squatting.If I could find a Job with these restrictions I would glady take, just because I am bored. Good luck with your case.

My husband filed both. He collected UE early in his WC claim because it was deneid and no one realized how badly his back was injured so he possible could have handled some light driving. He was a bricklayer/concrete finisher so his trade was out of the question. When he won and settled his WC claim the first one who was paid back was UE.



Thank you, for your comment.

In 2006 I reached MMI and was released with no restrictions by the wc doctor, my job had no work for me.

I filed for and was approved for unemployment.

I looked for work but was having problems walking so I hired an attorney and at a hearing was awarded TTD with my medical reopened.

Kansas Department of Labor's legal department contacted me and I was forced to repay 7 weeks of pay to the unemployment division.

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