Workers comp settlement and unemployment benefits

Attorney answers (1)

1. Licensed in PA

   

   Terence McGrawPro

   Blue Bell Workers' Compensation Lawyer

   Contributor Level 12

   

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   Answered December 14, 2010 10:37. Yes. Your employer may oppose your UC claim by arguing that you quit/resigned. Or the referee may raise this issue on his/her own. However, if your separation was due to necesitous and compelling reasons, you can still pursue a WC claim. Inability to perform your regular job due to medical restrictions qualifies as a necessitous and compelling reason. You will need to prove: 1) what your restrictions were/are; 2) that you communicated your restrictions to your employer; and 3) that your employer did not have alternative work for you.
   
   Depending on how long you have been out of work, you may be told that you do not qualify, financially for UC benefits. If you get a determination that you are financialy ineligible, file an immediate appeal (you only have 15 days) and request that your eligibility be calculated based upon your "alternate base year." Further information about the alternate base year calculation can be found at the UC Bureau's web site.
   
   Representation at the hearing by a qualified employment lawyer is recommended but not necessary.
   
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