Took a fall at work had a severely torn rotator cuff which I had to have major surgery and have been going to physical therapy weekly. I am currently collecting Workmen Comp. since my surgery however I wasn't sure if I am also eligible for unemployment in the state of Florida since they were not able to take me back due to arm “limitations”?
Sorry to hear about your injury. Assuming your employer terminated your employment, you are allowed to file for unemployment. However, it will not really be of benefit to you, as the workers' compensation insurance company is allowed to deduct the entire amount of your unemployment check from the temporary indemnity benefits they are paying you. To ensure you are receiving all of the workers' compensation benefits to which you are entitled, I suggest you meet with a qualified workers' compensation attorney to discuss your case in detail.
I am very sorry to hear about your situation. Rotator cuff injuries are difficult. Based upon what you have relayed, your situation is somewhat complicated; it depends in part in how exactly you were let go and what paperwork you may have completed. Workers comp may have an offset for unemployment payments. I strongly recommend you talk to and meet with an experienced workers compensation attorney in the Orlando area. The attorney should be able to discuss with you all of the potential options you have, so that you can make the best decisions possible. In order to find the best attorney for you, I strongly recommend that you review the AVVO profile, which will have reviews from actual clients of that attorney. You will also have reviews from other attorneys about the attorney you are considering for representation. The AVVO profile will have additional information and links to the attorney's website and email address. This is important because some attorneys will respond to questions sent by email from potential clients after normal business hours and on weekends. I hope this is helpful! The consultation should be free!!!
My suggestion would be that you speak with an attorney who is familiar with both workers' compensation as well as the broader aspects of employment law.
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