Workers compensation in litigation, when and should I file for unemployment in my case?

Asked almost 3 years ago - Princeton, NJ

I was recently terminated from my job due to the fact that I am medically unavailable to return to work and my leave of absence ran out. Workers Comp is currently denying my claim on a technicality due to insufficient injury diagnosis, and my attorney is going to file a motion since I have plenty of documented injury diagnosis by multiple doctors. There is a psychological component to my case as well and I think that is what is causing the problem. My doctor has me out of work, but if my treatment is successful I may be able to return to work in about two months. I do not know if I will have any work restrictions yet. Will I be able to file for unemployment if I am not able to find suitable work? also when should I apply for unemployment now or when I am released from his care?

Attorney answers (2)

  1. Glenn Kaplan

    Contributor Level 9


    Lawyers agree

    Answered . As you have an attorney, you should direct all of these questions to him or her.

  2. Lisa Morgan Edwards

    Contributor Level 12


    Lawyer agrees

    Best Answer
    chosen by asker

    Answered . I don't practice in NJ but in GA I do not recommend that my clients file for unemployment while a w. comp case is pending and it sounds like you have not been released to return to work full duty so you would not be able to swear that you are ready, willing and able to return to work in order to qualify for unemployment.

Related Topics

Types of personal injuries

There are many types of personal injuries for which financial damages can be awarded, including physical, emotional, and psychological injuries.

Work-related personal injuries

Employees can sue for damages if they’ve suffered work-related injuries. These lawsuits are separate from workers’ compensation and cover more kinds of injury.

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