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Can you collect unemployment after a workers comp settlement?

Wilkes Barre, PA |

I have been on unemployment due to the fact my employer would not accomodate my work restrictions after a work injury. My wage loss was in litigation. We have since come to a settlement agreement not final until next week though. Can I continue to collect unemploymen after the settlement? My employer never fought the unemployment previously

Attorney Answers 4


  1. Most workers compensation carriers require a "resignation letter" in conjunction with the Compromise and Release Agreement and the Courts have recently held that such a resignation letter precludes the Claimant from eligibility for UC Benefits.
    If no resignation letter is required as part of the WC settlement you would be eligible, but I typically discourage my clients for applying for UC benefits under those circumstances.

    I assume from your question that you are represented by counsel, it would be recommended that you discuss this issue with your WC attorney and determine if a resignation letter is being requested as part of the settlement. If you do not have an Attorney for your WC case, it is recommended that you immediately contact an experienced WC attorney to review the settlement proposal. Most attorneys will not charge for the intial consulation, and accept your case on a Contingent Fee Basis.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated. If you have further questions regarding your issue, or my answer you may contact me to discuss this issue further by calling 215-496-9607 or sending an email to rjaffe@phillyworkinjury.com


  2. I am an attorney licensed in the Commonwealth of Pennsylvania, and the States of Delaware and New Jersey. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies.

    That being said, attorney Jaffe gave you excellent advice - I could not have said it better myself. You should do as he suggests.

    If you would like to discuss this matter further, please feel free to contact me at the below address(es) or telephone number.

    /Christopher E. Ezold/

    The Ezold Law Firm, P.C.
    Employment, Business and Health Law
    One Belmont Avenue, Suite 501
    Bala Cynwyd, PA 19004
    (610) 660-5585
    Cezold@Ezoldlaw.com
    www.ezoldlaw.com

    Answered 8 months ago. Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, New Jersey or Federal law apply, unless otherwise specified. /Christopher E. Ezold/ The Ezold Law Firm, P.C. One Belmont Avenue, Suite 501 Bala Cynwyd, PA 19004 (610) 660-5585 Cezold@Ezoldlaw.com www.ezoldlaw.com


  3. As noted, whether or not there is a resignation is the key. It is certainly possible to agree not to reapply or even to sign an agreement acknowledging there is no longer an employment relationship without actually resigning. I would suggest that you discuss this matter thoroughly with your attorney since there are ways around these rather unfortunate cases finding that a resignation as part of a workers' compensation settlement is not a reason of necessitous and compelling nature.

    Timothy D. Belt, Esquire Helping injured workers in Northeast Pennsylvania. belt-law@belt-law.com www.belt-law.com DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.


  4. Mr. Jaffe has hit the nail on the head. However, I would also caution that a general release and separation agreement could be interpreted as a resignation by the UC Bureau. In cases like yours, where the clamant has been receiving UC benefits while awaiting a result on the WC case, and where the receipt of UC benefits has undoubtedly reduced the settlement value of the WC case, I have been very successful in negotiating the continuation of the UC benefits as part of the overall settlement deal.

    If there is a separation agreement, I would fight to make sure that the document contained no reference to the word "resignation."" I would also try to draft the infromational part of the document (we call them the whereas clauses) to reflect that modifications were previously tendered and the employer could not accomodate them. I would also try to get both parties to sign the spearation agreement so that the legal basis for you ongoing entitlement to UC benefits was conceded.

    This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated.

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