Can I get unemployment if physically can't perform job duties ? Do I need a doctor to state that ?

Asked over 1 year ago - Bradyville, TN

Injury at work and released be caused specialist stated there was nothing else he could do. I went back except after driving for an hour to work I was numb. I gave returning paperwork to HR and went to ER. he stated that I need to see a different specialist. I was told to stay out of work for three days and if still in pain personal doctor will sign me out. Now if work fires me for calling out . Can I file unemployment. I have my own medical insurance to see another specialist. But need some help until I can get another job something that is less strenuous. I fear I would injury myself further or again if I continued to work there. What steps or action should I do ! Please help...

Attorney answers (2)

  1. Jason Wade Barnette

    Contributor Level 14

    Answered . In TN, and while I do not agree with it, if you cannot perform your former job duties then, no, you are ineligible for UI Compensation Benefits under T.C.A. 50-7-303(a)(1). You can apply, but you will likely be denied. You have to be released without restriction, return to your former employer, and if they turn you away, then you would be eligible.

    I am not your attorney nor is any answer I may provide legal advice. You may contact me directly for legal advice... more
  2. Michael Clyde Harman

    Pro

    Contributor Level 10

    Answered . I can't say for sure about TN, but in NC you can usually get unemployment if you leave work due to an adequate heath condition that affects your ability to do your job and your employer has notice of the health condition prior to separation. There could also be an argument that you didn't have any choice but to miss work because of the health condition. If you had no option but to miss the days, there's an argument that the absences shouldn't preclude you from getting unemployment. With that being said, it sounds like there may also be an issue with whether or not you are able and available to work. If you end up filing for unemployment, you should be clear that you are able to work given your health condition, just not in your current position.

    Good luck.

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