Q: Can I collect unemployment benefits after I won my workers comp case after being denied onthe first weeks of the injury
I was injured on the job and ended up being fired for not coming back to work due to my injury, I applied for UI & was denied because I according to my employers quit without good reason...I filed a workers comp case for 2 injuries I sustained on the job a dog bite and a power tool injury...after months of process and being sent to a QME doctor because they didn't want to claim responsibility I ended up winning my case and was found that my injuries were work related. I now want to claim Unemployment benefits for those first few months I was unemployed due to this injury and was denied by the county to recieve Unemployment benefits...I think it's only fair after being denied benefits when I clearly had a good cause for not returning to work can someone help me?
A: Unemployment requires you were physically able to accept an offer of work. If you were injured and needed treatment, you may not have been able to accept work. If you were awarded Temporary Disability payments for those weeks, its a crime to now request Unemployment Benefits for those same weeks.
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A:
Winning your workers' compensation case confirms that your injuries were work-related, which can strengthen your argument for unemployment benefits. Since you were initially denied, you may have grounds to appeal the decision, especially if your employer misrepresented the reason for your separation. It's important to gather all documentation from your workers' comp case, including the decision that proved your injuries were job-related.
Unemployment benefits are typically available if you were let go through no fault of your own and are able and available to work. If your injuries prevented you from working during that time, the Employment Development Department (EDD) may argue that you were not eligible. However, if you are now cleared to work and were wrongly denied in the past, you can request a reconsideration or file an appeal to have your case reviewed again.
You may also want to seek legal assistance or advocacy support to strengthen your appeal. If your employer provided false information that led to your denial, correcting the record with proper evidence could improve your chances. Check the EDD’s appeal deadlines and submit your request as soon as possible, including all supporting documents from your workers’ compensation case.
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