Job elimination while on W/C

[Xander]

I have been on workers comp since 6/07 for a back injury. No surgery was needed as the complete rest and PT has allowed my back to heal on its own. The last report from the workers comp doctor listed numerous restrictions that would limit me in performing my job, but for the first time did not state "cannot return to work." As a result, my benefits were cut.
My neurosurgeon released me to go back to work on 5/1/08. Unfortunately, after working for the family owned company for 17 years, my job was "eliminated" on 4/5/08.
My question, which I know has probably been asked before, should I wait to file for unemployement until the workers comp claim is done? How will I losing my job effect my workers comp? At this point I don't know what to do first, next or at all. I'm still in shock. Any info would be appreciated.
Thanks.

[Still in Limbo]

As Long as You are Receiving Monetary Payments, I would not Apply for Unemployment. If You are no Longer Receiving, and Your Job Eliminated, I would Sign-Up. As far as Your Future Medical for Your Injury, that's State to State Specific, and I believe You can find Your Answer at the Top of the Main Forum Page Under "Info. by State". My Best to You, isn't Family Great, sometimes it seems they are the First to Kick You when You are Down!! I Hope this has Helped, and Have a Great Day!!

[Xander]

Still in Limbo Wrote:As Long as You are Receiving Monetary Payments, I would not Apply for Unemployment. If You are no Longer Receiving, and Your Job Eliminated, I would Sign-Up. As far as Your Future Medical for Your Injury, that's State to State Specific, and I believe You can find Your Answer at the Top of the Main Forum Page Under "Info. by State". My Best to You, isn't Family Great, sometimes it seems they are the First to Kick You when You are Down!! I Hope this has Helped, and Have a Great Day!!

Thank you so much for your quick reply and advise. As a clarification, it was another family I worked for, not my own, thank goodness. Now to try to catch the doctor's office from sending the return to work approval!
Enjoy your day. Mine has been brightened by your response.

[maw19531]

I also had a back injury at work. Mine was April, 2004. I was the general manager for the company and I understand that I had to be replaced because I did not get released until December, 2007 with restrictions to return to work. However the insurance company in Illinois is still paying me my weekly TTD checks until they find me a job. If your employer has no job for you to return to the insurance company has to keep paying you until you find a job with the same pay rate that you were making at the time of the accident. If you find a job paying less the IC has to pay 2/3 of the difference of what you were making to what your new job is paying. You can request vocational rehabilitation to help you find a job. Do you have an attorney? If not I would advise that you get one very soon. They will not push you around when you have an attorney involved. And there are many things the average person may not know they are entitled to without an attorney. Good Luck.

[Xander]

Thanks, maw19531. I am in New York State and have not hired an attorney and don't know if I will. I had a shoulder injury (different employer and line of work) back in the 80's where it ended up in court. It was a joke. A good chunk went to my lawyer who didn't do anything for me.
If this ends up in court, I believe the ruling would be in favor of the employer. I was diagnosed with fibromyaligia in 1996 which my employer was aware of. I was the facilities/maintenance manager for a landscape/garden company. They sent me out to install a series of 8' tall, 600 lb each spruce trees, not my usual job. I had one inexperienced helper and when one of the trees pinned me in the planting hole, I ruptured my L1 disk trying to free myself. I still have numbness in my left hip that most likely is permanent. I feel the court would bring up the question that I should have used better judgement and common sense because the job was too much for me to handle. Opinons anyone?

[kitty]

I received workers comp and unemployment at the same time. It did not affect my benefits.