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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
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Experience:  Licensed attorney helping employers and employees.
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I live in the state of Colorado, and was forced out on a work

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I live in the state of Colorado, and was forced out on a work mans comp last March due to an on the job injury from 2011. They have stopped paying me comp wages mid September, but are keeping me on a comp status til Sept. 2014. I am still receiving health benefits. If I apply for unemployment can they legally take my benefits away ?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Infolawyer replied 9 months ago.
Hello, will the company contest benefits or let you go?
Customer: replied 9 months ago.

I know they are going to terminate employment at the end of the workers comp time. I was told that I can't do the job due to a lifting weight limitation of 51 lbs., and that I can't put both arms above my head from any starting position. I have never needed to lift that amount of weight, or to put both arms above my head during the 13 years at this company.

Expert:  Infolawyer replied 9 months ago.
workers comp is separate from the employment. As long as incident happened during your work tenure you would qualify for the benefit. If let go without cause, as appears the case, you may further qualify for unemployment benefits. Good luck and have a nice weekend. Kindly click on an excellent rating.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50123
Experience: Licensed attorney helping employers and employees.
Infolawyer and 13 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

I need a little clarification. When you say I would qualify for the benefit do you mean the health benefits ? Also I haven't been let go as of yet, I will be on comp thru September 2014. If I apply for unemployment while still on comp can they take my health benefits away ?

Expert:  Infolawyer replied 9 months ago.
You would qualify for workers comp and unemployment.
Health insurance would continue per cobra
Customer: replied 9 months ago.

So I would have to get Cobra insurance ?, which is more costly than what I have now. Is it legal for them to do that ?

Expert:  Infolawyer replied 9 months ago.
You would need to get that to the extent you need health insurance beyond workers comp coverage and to the extent employer wont agree to otherwise extend your coverage otherwise as a part of severance. Good luck. Kindly click on an excellent rating for the answer.
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50123
Experience: Licensed attorney helping employers and employees.
Infolawyer and 13 other Employment Law Specialists are ready to help you

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