Q: I just signed a workman’s comp settlement. There was no letter of resignation involved because I was fired months ago

A: yes, but there may be some issues because you are filing late and there is a statute of limitations for unemployment benefits. It the statute has run, then you are barred from receiving benefits though you can probably apply on-line.

Normally to receive WC benefits you must attest that you are unable to work because you have work restrictions that cannot be accommodated by your employer, thus qualify for wage loss. With unemployment you must attest that you are ready and willing to work but cannot due to circumstance, for example being laid off or unable to find a job. They are mutually exclusive.

A: Under California law, signing a workers' compensation settlement does not automatically disqualify you from filing for unemployment benefits. However, there are specific conditions that must be met to be eligible for unemployment.

Firstly, you must be unemployed through no fault of your own, which in your case seems to be due to a mass layoff, a qualifying reason. Additionally, you must be physically able and available to work, actively seeking employment, and ready to accept suitable employment.

The fact that you were terminated months ago due to a mass layoff suggests that your unemployment was not due to misconduct. This circumstance typically supports eligibility for unemployment benefits.

However, it's important to consider any stipulations in your workers' compensation settlement that might impact your unemployment eligibility. Sometimes, settlements can include clauses that might affect your ability to claim unemployment.

Your best course of action is to file for unemployment benefits and provide all necessary documentation regarding your layoff and settlement. The unemployment office will review your case and determine your eligibility based on the specifics of your situation.

Remember, each case is unique, and this advice is based on general principles. It's advisable to consult with an employment law attorney for specific guidance tailored to your circumstances.