Will I be eligible for unemployment insurance benefits after I have been released from my worker’s compensation claim?

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Will I be eligible for unemployment insurance benefits after I have been released from my worker’s compensation claim?

I herniated a disc in my neck on the job Dec. 2008 and have yet to return to work. I just got notice that I will be getting laid off on Sept. 2009 which is within a month of my anticipated return to work date. Since workers compensation is an insurance benefit, I show no W2 wages in the past 7 months. I am worried this will effect my ability to collect umemployment insurance benefits and receive the maximum benefit.

Asked on July 1, 2009 under Employment Labor Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 14 years ago | Contributor

That is not a question we can answer definitively herein because a) we do not serve as your legal counsel and b) have not fully reviewed your file.

You need to consult with your workers' compensation attorney.  If you do not have one, try www.attorneypages.com and check his or her disciplinary record at www.calbar.ca.gov under attorney search.  You can also inquire with the EDD of California.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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