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 11 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.


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