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Claiming unemployment upon resignation and Workman's compensation

Wheaton, IL |

I started a computer job in September 2012. Since I have developed hand and wrist issues. I filed workman's comp and am undergoing treatment. My hands are deteriorating. My manager is stating that my performance is poor. I am planning on resigning to improve my health. Can I claim unemployment if my employer does not contest it ?

Workman's compensation - My doctor has restricted keyboard use to 4.5 hours per day. But that is also very difficult for me. He has not taken me off work. Can i file for disability ?


Attorney Answers 4


You have many issues festering. Your best bet is to retain an attorney.

You have to get fired and not for cause to collect unemployment, so I wouldn't bank on it.

Your doctor had you on restricted duty, which your company must accommodate or you are entitled to TTD.

Again, too many moving parts here so before this gets even messier, please talk to a lawyer.

Stephen L. Hoffman
Law Office of Stephen L. Hoffman LLC
Chicago, IL

This answer posted on Avvo is for informational and educational purposes only. There is no attorney-client relationship created or formed and you should not rely on this as legal advice. The suggestion is made that if you wish to protect your rights, you consult with an attorney immediately.

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I agree that there are too many questions and not enough information. You should talk to an attorney

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Consult in person with a worker's compensation attorney.

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I agree that there are some missing facts here that need sorting out, however, in general attorneys do not like, and in fact hate, to see that the client has quit a job and/or attempted to line up an alternative source of income, such as unemployment or retirement benefits, because of a work related injury on their own and without checking with a lawyer first. Consult with an attorney before, not after, taking such drastic measures yourself since they could ruin your case.

Unemployment is a particularly poor substitute for workers compensation benefits since by definition you need to be able to state you are able and willing to work to qualify for benefits. In the event you obtain both unemployment and TTD in Illinois you will generally speaking be required to pay back the unemployment that you received to the IDES for any period(s) in which you later received TTD. If you cannot work, then it logically follows you cannot state you are able to work. Such a contradiction while not an absolute bar to claiming benefits can contradict your claim of disability and potentially damage your credibility at a hearing for benefits.

Also resigning your position is another extremely poor idea. The employer will no doubt dispute that your claimed injury was in any way related to you voluntarily quitting your job. You will have potentially abandoned many valuable benefits and rights of employment which you could have taken advantage of. Once again, talk to an experienced workers compensation attorney first being for doing something that extreme.

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