Legal Question in Workers Comp in New York

Re: workers comp and plant closing

When answering questions regarding workers compensation law and unemployment insurance contract issues you need to consider many variables and all the facts are vital. In your case, your plant insurance policy should typically cover you if they have a policy and have been paying. It comes down to policy terms in the unemployment insurance contract of your plant/employer. Kindly contact me for a free legal consultation at 1(800)WE-FIGHT on your workers compensation matter or visit us on the web for helpful information on workers compensation and unemployment insurance law at www.1800wefight.com.

Re: workers comp and plant closing

You are actually in an excellent situation comp-wise. If I were you I would make sure that you have an estsblished comp claim for the wrist. Then I would not take any time off for the wrist injury and take unemployment insurance instead. Then 6 months after your wrist injury go back to your doctor and ask for a SLU report. Since you did not take any time off for your wrist injury... You will get much more $ for your SLU award.

However, if you truly cannot work due to your wrist injury (and a doctor writes that in his report) than take sick time and report the lost time as comp related.

Re: workers comp and plant closing

It should not affect your unemployment at all. Unemployment is only affected when you are "totally disabled." The theory in unemployment is that you must be ready, willing, and at least, partially able to work. If you are partially disabled, you can claim that you are also partially "able." The trick is to make sure unemployment understands this when you apply.