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ill. hello this is going to be a long ? so please bare with me. thank you mar 13 slipped on freezer floor after someone mopped it out and i was unaware. filling out paper work to go dr. and in walks boss and fires me for unrelated situation. boss said if i resigned they would not contest unemployment (company is good for this usually) so i went to doctor and he said i needed to see a ortho dr. than i went online to research filling for unemployment and said usually if someone resigns (quits) unemployment is not an option. got ahold of boss and she said this happens to go ahead that icould appeal (?????) so A. should i file for workmans comp (dr. says i cant work) B. file unemployment cause i shouldnt wait(?)will they cancel each other out. sorry this is waying heavily on me id appreciate your advice thank you barb
True, if you resign you can not collect unemployment. He dooped you. You needed to file w/comp. An injury could last years and keep you from working or doing every day things. In most states they can not fire you or keep you from file. Now since you resigned, it may be more difficult to have a case and the w/comp board to award you anything. seek an attorney who specializes in w/comp. They do not get paid unless they collect. You may have to pay for the consult, though.
good luck
I used to work as a Compensation Clerk. I suggest that you call your boss and tell him to make sure he files an accident report with Worker's Comp because your doctor and you are filing a claim. Ensure that your doctor has filed on his end (did you tell him that you did it at work?), then phone WCB and tell them what happened and that you want to file the claim. Obviously he employer will contest the claim and tell them that they were going to fire you so you pretended to fall and hurt yourself then you resigned OR that you resigned and now that you found out you can't collect Unemployment that you are claiming an accident. If there has been much time between your accident and your filing the claim that will go against you. If there were no witnesses, your injury will be difficult to prove as work related. They look for immediate reporting, immediate medical attention, witnesses... things like that help to prove your claim. You may be turned down, so you will have to appeal. If you are turned down, continue to appeal, continue to have your doctor submit medical information and hopefully at some point you will win your claim. It may be tough, especially if it's going to be a lengthy claim.
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