Legal Question in Workers Comp in Connecticut

Workmans Comp/Unemployment.

I was on Workmans Compensation for an injury that occurred while at work. During this time a lay off was done. I was one of those people included in the layoff. But I couldn't collect Unemployment because I was on Workmans Comp. If money is going into the pension fund while on comp are you still an employee and employed by the company? Can you lay someone off while on Workmans Compensation?


Asked on 5/02/04, 8:34 pm

1 Answer from Attorneys

Susan Saundry Susan L. Saundry, Attorney at Law

Re: Workmans Comp/Unemployment.

First, to collect unemployment, you must be ready and able to work. If you are totally disabled and unable to work at all, you certainly would be unable to satisfy the requirement of being "ready and able". If, however, you are not able to do your regular job, you might still be "ready and able" to work at another job. You are not, however, going to be able to collect unemployment and workers' compensation benefits at the same time. If the employer is paying you temporary partial benefits while you look for other work, you would not be able to collect unemployment benefits for the same period.

Second, if you are temporarily disabled and collecting workers' compensation benefits, but your employment has not been terminated either by you or the employer, you are still an employee. Money can still go into the pension fund in that circumstance.

Third, it is possible to be subject to a layoff while on Workers' Comp. If, however, the layoff is a retaliatory discharge (i.e., the employee is terminated because he or she is exercising rights under the workers' compensation statute) the employer may open itself up to a retaliatory discharge claim.

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Answered on 5/03/04, 4:46 pm


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