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Can I file for Unemployment after being on Workers Comp for more than 1 year???

Los Angeles, CA |

I have been on workers comp for about 1 year now due to a job injury and may be going back to work for the same company pretty soon and I am a little concern the company may decide to lay me off after being off for so long and would like to know if I would be eligible for Unemplyment benefits after being laid off?

Attorney Answers 3


  1. If you are ready, willing and able to work, you will still qualify for Unemployment. If you continue to be disabled, you may qualify for State Disability Indemnity in CA.

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  2. You may qualify for unemployment or if still disabled state disability.


  3. If you have not already been advised to do so, you may wish to investigate eligibility for Social Sceurity disability. If you have been or expect to be unable to perform any substantial gainful actiivity - real work for real pay - for 12 months in a row due to a medical disability, you may meet the requirements. This would be true even if you receied workers' compensation benefits.

    This can be a difficult area, especially when workers' comp benefits and/or unemployment benefits are involved. I suggest you contact your local city, county or state bar association to see if they have a lawyer referral program, or you may contact the National Organization of Social Security Claimants' Representatives (NOSSCR) for the name and email address or telephone number of attorneys in your area. Most attorneys who do any amount of Social Security work are members of NOSSCR and provide a free initial consultation. In any event, no attorney may charge a fee for work on a social security claim until it has been approved by Social Security. The fee limit is a maximum of 25% of past due or back due benefits you are owed, and many lawyers charge less than the full 25%, and the money is not paid until your claim has been approved.

    The telephone number for the lawyer referral service of NOSSCR is 1-800-431-2804. NOSSCR's website is www.nosscr.org.

    Good luck to you!
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    Please remember to designate a best answer to your question.

    The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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