Asked about 1 year ago - Augusta, GA
FlagI will be receiving an settlement for my workers comp since i am able to work but not able to work in that particular field can i receive unemployment after my settlement.
Generally, no. As you have been informed, most settlements of workers' compensation claims are conditioned upon a voluntary resignation. If you accepted this condition, then I agree you will likely be barred from receiving unemployment benefits. However, there are those rare occasions where the Employer and Insurer do not require the voluntary resignation to be executed as a part of a workers' compensation settlement. These generally occur when there is collective bargaining agreement in place or some sort of "union" backing in favor of the employee. In these situations, the employee may be a part of a "general layoff" which may entitle you to unemployment benefits.
As you can see, it is very fact sensitive.
Mr. Middlebrooks is correct (as always…he is an expert in the field). Once you resign, you are no longer eligible to recover unemployment. Now that benefits have been extended for 99 weeks, that should certainly be something you should take into consideration. Also keep in mind that so long as you are disabled, you cannot claim unemployment. Only once you have been released to light duty work.
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