Can I file unemployment

Asked over 2 years ago - Augusta, GA

I recently injured myself at work sprain tenditonis of the wrist and forearm repeitive movement. I been receiving workers comp for a month for the second time my employer states they have light duty work for me the first time they said this they move me from one machine to another ( restrictions from the doc no repetitive movement with my right hand and arm ) reminder I am right handed. I go to physical therapy 3 times a week. I have to return back to work tomorrow light duty work again The thing is there is no light duty work at my job that I will not be able to use my right hand. I really feel I will never be able to perform that type of work again should I ask my employer to let me go so I can file unemployment and seek work somewhere else

Attorney answers (4)

  1. Michael Richard Moebes

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    Contributor Level 9

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    Answered . There are several questions I'd like to ask you about your scenario here to see if the light duty job offer complies with OCGA 34.9.240. However, I would not quit work in favor of unemployment, as unemployment is taxed, adn workers' comp benefits are not, and you can't get the full amounts of both at the same time. Plus, if you're still hurt, you're likely to take a long time to "seek work somewhere else." Get well first. Feel free to email me for more information at mm@moelaw.com; I practice throughout GA.

  2. Harold W. Whiteman Jr.

    Contributor Level 13

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    Answered . I wouldnt ask to be laid off under these circumstances. You have 15 work days as a trial period to attempt whatever they have to offer you in the way of light duty. If you are unable to do the work due to the pain or limitations from your injury, then you can stop the attempt and they will have to resume paying you workers comp disability. Feel free to call me at 404-365-0102 for free advice on this.

  3. Brett Ladd

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    Answered . Read the above answer, and go to work. Its when you DON'T go is when its used against you. You might be correct about the nature of the work, but you might be wrong, too. So, go.

    That's my $.02. Good luck!

    You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do... more
  4. Thomas L. Holder

    Contributor Level 11

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    Answered . You should not apply for unemployment while you are eligible for workers' compensation benefits as you cannot get both benefits at the same time. You should also definitely not quit your job. This will greatly harm your WC case. Your employer will say, whether truthfully or not, that they had a job for you but, since, you quit, you could not come to work. Your benefits will get cut off. As the other lawyers have said, you will have a 15 day trial work period, assuming that your doctor agrees that the offered job is your physical limitations.

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