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Employer not willing to find reasonable accomodations for me while my worlmans comp claim is pending.....I have no income

San Antonio, TX |

I am curently layed off from my job pending a workmans comp claim. I am trying to file for unemployment, since I have no income while home. Am I intitled to temporary Income Benefits through Workmans Comp while my case is being reviewed?.....If so, how do I go about it, what forms do I need to submit, what are the employers responsibilities in this?....They have no clue and are beating around the bush.........I need advise asap....thank you

Attorney Answers 4

Posted

You need to talk to a local workers comp lawyer. In most states you would be entitled to TTD payments with those facts.

This answer is intended as general information and not as specific legal advice. If you want to have a free consultation with me, please contact me through AVVO.

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3 lawyers agree

Posted

You need to call a local worker’s comp. attorney ASAP because it appears you are entitled to benefits.

Good luck.

DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.

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2 lawyers agree

Posted

You are only entitled to WC benefits if your claim is accepted or adjudicated in your favor. If you were laid off and looking for work, you should be eligible for Unemployment.

We offer general concepts, but you should give ALL your facts to a licensed Attorney in your state before you RELY upon any legal advice.

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1 lawyer agrees

Posted

I agree you should talk to local WC attorney for answers specific to your case but if you are under doctor's care and have medical restrictions that your employer will not meet you should qualify for WC lost wage payments and can apply for unemployment comp if WC is not paying while you fight with WC. If your doctor says you cannot work at all, UE wold likely deny your claim because you must be medically capable of performing some work and of course UE would be entitled to reimbursement if WC later pays lost wages for the same time period.

If you do not have the time or knowledge to fight your own WC case, don't risk making a mistake tha could greatly affect the claim. Hire an experienced attorney.

Good luck

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