Legal Question in Workers Comp in Ohio

Unemployment Benefits after Workers Comp Injury

I am about to released to return to work after an industrial accident that caused me to be off work over three years due to surgery etc. My employer dismissed me while off with this injury, can I draw unemployment benefits while looking for new employment? I can't seem to find a correct answer to this questions.

Thanks.


Asked on 8/12/05, 10:24 am

1 Answer from Attorneys
Daniel Dismuke Daniel K. Dismuke, Attorney at Law

Re: Unemployment Benefits after Workers Comp Injury

Your ability to collect Unemployment may be effected by the date that you were dismissed, as deadlines to apply may have already passed, and what if any benefits you are still recieving from workers comp, if you are still receiving disability checks to replace your income you cannot also collect unemployment.

Also, you may have a cause of action to sue your former employer. It is illegal to dismiss an employee for filing a workers comp claim and they have to have a job for you when you get back from the injury.

Respectfully yours,

Daniel K. Dismuke, Attorney at Law

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Answered on 8/12/05, 2:59 pm


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