my job terminated while i had a workmans comp claim in. can i still get benifits?
141166
If you had a claim in before termination you are still intitled to workmens comp., but be sure that working light duty didn't end your workmens comp claim I know in most cases if you accept working light duty then claims can be terminated because you are still working.  I would check and see if you claim was still in affect at the time you were terminated and if so then yes your claim is still good and you are intitled to the benifits from that claim, you might want to also check your local laws under workmens comp. cause in most states you can't be terminated while on workmens comp.  First make sure your claim was still in affect at time of termination and if so get your benifits and then if you claim was in affect check on your local laws and if they state that an employee can not be terminated while on workmens comp you might think about seeking out a lawyer but that one is all up to you.  Good luck on your quest either way.
443626
Generally, no.  However, I had a girlfriend who quit and won unemployment because she proved that her employer overworked her and caused her health problems.  Her proof was that it took 3 people to replace her at her job.  Do you think your employer would need to hire three people to replace you?  Otherwise, you probably don't have a leg to stand on.  Furthermore, my girlfriend didn't win right away -- had to go through appeals and it took almost a year.  Can you live a year without income to fight unemployment?  \n\nI recommend getting a new job, then quit.
1131427
if you also contact your local unemployment office - they should be able to give you some information
109299
Yes, however, it can come back to bite you in the butt. The Bureau of Unemployment services will grant the employee unemployment benefits even if you try to stop it. Your employee has medical documentation to back him/her up. And, if your company has a union, the employee can file a grievance, and eventually get his/her job back, most of the time with full pay for the time he/she was out of a job.
754046
If you lose you will not collect.  Also will depend on why this is your "former" employer.  It will probably take place over the phone.
953661
You might still have a legitimate claim.  Workman's Compensation not only includes sudden injuries derived from work, but also the exacerbation of an existing illness or injury.  Therefore, if there is something inherent in your working environment that worsens this old injury you would be able to claim.  Be prepared for a fight.  Almost all claims are initially denied because the company knows that this will automatically dissuade a certain percentage of claimants from appealing the process.  Appeal!!  If you are part of a union, have the union lawyer represent you.  Don't give up without a fight and good luck.
258036
If a doctor has released you to go back to your job, but there is no work, that means you are laid-off, or unemployed, so you should be able to collect unemployment.  You should have gotten a works man's comp for the time you missed while injured!  If you suspect that they are not letting you back for a reason, then maybe you should see a lawyer!
253860
You are protected because it's insurance paid for by your employer.  However, you have to be careful that the injury that you have sustained in the first job is not aggravated, worsened, or deemed to be a non injury on the second job.  That could affect your claim.  You should consult an attorney in your state.  Each state has its own Workers Compensation agency and rules.  Attorneys usually don't charge a fee and they are paid a small percentage of your compensation.
854887
A person can be denied unemployment benefits when they are fired for cause.  \n\nYou can appeal it, you don't KNOW if it's hearsay or not, but you DO know if there is a morals clause in your employment contract, or if you are an employee at will.\n\nSo if you're not happy, appeal it!  The employer doesn't necessarily have to PROVE that the alleged hearsay was true or not - just that something about you was interfering with your job performance, or the performance of  those around you.  \n\nLots of luck.
780207
Request a claim form and fill it out.  If you are truly owed benefits, then yes you should receive them.  Call the company, insurance company, and ask them what your benefits are.
297802
You can ask in the Law & Ethics section of this forum. You can speak with an attorney. You can approach the wage and labour authority in your area. You can also approach your local unemployment office.
581318
maybe - it depends on your state's laws. in NJ, if you are separated for misconduct, you will be penalized for 6 weeks, then start to collect benefits. other states are more strict. filing a claim is free, so on your last day, apply right away. if you are denied benefits, there is an appeal process.
150472
"benifits" ???  -- get a job!!!!!
1015882
I'm not sure if you mean YOU are moving out of state or if the COMPANY is moving out of state.  If the company is moving I  would check with your companies HR department then check your rights on your states unemployment website.  They will give you the run down of what classifies as justifiable termination of employment.  I was working for a non profit agency through a local hospital and when I decided to leave because the non profit was going out of business and their were no other jobs I qualified for at the hospital they would not give me UE.  I probably should have let them fire me, however I did not want that to be hanging over my head with potential employers.
935086
It really depends on the state that you're in and individual circumstances.  You should go to your state's employment department website.\n\nSpeaking for California, I know it matters how long you were employed, if you were fired or laid off.  There are limits as to how long you can collect unemployment.\n\nAgain, your best source will be your state's employment department website.
453186
If you are fired,quit(for good reason ie.harassment) or layed off(lack of work) you can draw unemployment compensation if you have worked steadily and have money in the quarter they are using to determine your benefits.If the company cannot prove willful misconduct then you can draw.You may have to file a couple of appeals but you will still get all your money in  a lump sum if you win.Willful means intentional.Been there done that.
124037
worker's comp is primary.  they would handle all of the injury portion of your claim.  and, the worker's comp is the company insurance.  now, if they terminate you because of your injury and you believe it was done without merit, then you could file suit and then their liability insurance would probably pick that up.