Skip to main content

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

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?

+ Read More

Attorney answers 2

Best Answer
Posted

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.

Dean C Gresek

Dean C Gresek

Posted

Hopefully by this time you have spoken to your attorney as to status of the motion and hearing. If not speak to them ASAP before any unemployment is filed.

Posted

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

Asker

Posted

I am getting a second opinion....something I should have done to begin with. My attorney is not really addressing my questions or giving me an end scenario here. I didnt even start out with a wc atty, I consulted with them over a personal injury claim since there was a third party involved and somehow I got turned over to the wc atty.