I was involved in a car accident on July 11 where I sustained a concussion, severe whiplash and bruised ribs. My doctor wants for me to have more physical therapy before I return to work or if the condition does't get better, to file for disability. I am presently receiving short term disability payments through my employer's insurance company. Provided I do get better and the doctor releases me with the condition that I cannot lift anything, WorkOne told me that this would have to go by a claims deputy and that I may not get unemployment due to the work restriction. I could do a desk job as long as it doesn't require any heavy lifting. So need to know my rights. Thank you.
Car / Auto Accident Lawyer
It is certainly possible that you would still be able to qualify for unemployment benefits under your scenario however more facts are necessary. If the car accident wasn't your fault then it sounds like you have a good case against the other driver and his or her insurance company. You should talk with an Indiana personal injury lawyer today.
Employment / Labor Attorney
I agree with the previous attorney's answer. You have multiple questions that require more details. With respect to your unemployment, the law requires you to be able to work so if you are out on restrictions that the deputy may decline unemployment benefits. You can always appeal it to the ALJ and maybe by that time your restrictions will be lifted. It sounds like you still have your job? Are they going to let you go? Have you gotten your car accident situation resolved? Based upon everything that is going on with your situation(s), I think you should contact an Indiana attorney for a free legal consultation. Best of luck.