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Legalease
Legalease, Lawyer
Category: Legal
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Experience:  15 years exp all aspects of general law
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i was denied unemployment cause i got hurt lost my job and

Customer Question

i was denied unemployment cause i got hurt lost my job and dr note saying i cant work last month got denied today 7-26-13 got hurt last month
Submitted: 1 year ago.
Category: Legal
Expert:  Legalease replied 1 year ago.

Hello there

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If you were hurt on the job then you should apply for worker's compensation from the employer where you were hurt on the job. Even if that employer terminated you, you have the right to go to a lawyer who handles workers compensation cases and get the lawyer to open up a claim on your behalf against your former employer so that you will get a weekly worker;s compensation paycheck while you are out of work and unable to work because of the on the job injury. Unemployment compensation does not pay claimants who have been certified by a doctor to be unable to work -- because to collect unemployment compensation one of the requirements every week is that you must be "able to work and available to work" -- so if you have told them that you have a doctor note saying that you cannot work then you do not meet the legal requirements to make an unemployment compensation claim in Alabama (or in any state). To find a lawyer to handle a worker's compensation claim for you against your last employer, you should contact your local county bar association and ask them for the names of several workers compensation attorneys in your area. THese lawyers will talk to you without any payment up front because they will collect their fee once they open a case for you against your former employer.

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Please let me know if you have more questions.

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MARY

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Customer: replied 1 year ago.

ok but i fell at home few days later after i fell at work went to E.R. when i was told i bruised my skelton. wasnt sure where i hurt my back,but i got fired for not reporting it. so do i still claim it then on workmans comp

Expert:  Legalease replied 1 year ago.

Hello Gregory -

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Yes, you make the claim under workers compensation and if your employer gives problems over it then the lawyer will handle the matter. As far as the fall at home is concerned, it happened after your work injury and you should not mention it to anyone except your lawyer. No matter what happens, you cannot collect unemployment compensation when a doctor has stated that you cannot work -- they simply will not pay you anything because it is the law that you must be ready to work immediately -- you cannot be hurt and unable to work for an unemployment claim.

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I would appreciate it if you would press the 3rd, 4th or 5th smile face below so I will be paid for my time -- if you have more questions I can continue to answer them even after you press a positive rating below. THANKS !!

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MARY

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Legalease, Lawyer
Category: Legal
Satisfied Customers: 14457
Experience: 15 years exp all aspects of general law
Legalease and 16 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

can i apply to workmanscomp now since its been 3 months and how do i apply for workmans comp

Expert:  Legalease replied 1 year ago.

Gregory --

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You can apply to workers compensation -- your employer is supposed to do the paperwork and send it into their insurance company. However, because your employer has not done this for you it seems like they do not want to follow the law -- and in that case it is where you need to contact a local attorney who handles workers compensation claims to open up the claim for you -- your employer CANNOT tell an attorney "NO" -- they must open up the claim at the attorneys request.

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MARY

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