Q: I'm a sesonal worker cleared for medium duty after 1yr off duty. Can I collect WC or UC after I get laid off in a month?
Hurt and off work for a year and usually collect UC in winter but have not put in this year. Am I able to collect on WC again since I'm on medium duty or am I forced to find new employment or be with out money til may ?
A: If you are laid off while working a modified duty job due to a work injury you enjoy a rebuttable presumption that your loss of earnings is related to your work injury. In other words, you will have a claim for workers' compensation, but the workers' compensation carrier may dispute your claim. Assuming you have the earning history, you may also apply for unemployment compensation, but unemployment tends to be a lower weekly rate than workers' compensation and unlike workers' compensation, unemployment is a taxable benefit. You may want to call a local workers' compensation lawyer to review your options. The initial consultation should be free.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
