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I live in Oklahoma. I am receiving Unemployment checks. I have

just started to receive a...
I live in Oklahoma. I am receiving Unemployment checks. I have just started to receive a settlement ,from a workers comp injury. It is to be paid out in a small one time lump sum,followed by weekly payments until the amount is paid in full. My question, is this considered as income and do I have to claim it as income on my unemployment weekly claim?
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Answered in 27 minutes by:
9/10/2013
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,433
Experience: Employment/Labor Law Litigation
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Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

This is going to depend on the basis for the payments. If the payments each weeks are adjudged as temporary disability payments during those weeks, then you can't logically be paid temporary disability and unemployment in the same week. The reason is that you must be ready, willing and able to work to receive unemployment for any week.

Instead, if the payments are merely intended to be the method of paying out the overall settlement for the injuries under worker's compensation, then the payments are not considered earned wages. They are not vacation or sick leave payouts. It isn't severance or a pension payout from your most immediate previous employer. It isn't unemployment income from another state. Finally, it isn't income from work that you are performing now, or recently performed and are now being paid for.

I went through each of those, because those the types of income identified as disqualifying income for purposes of unemployment. Worker's compensation settlement is not among those listed and would not be disqualifying.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19,433
Experience: Employment/Labor Law Litigation
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Category: Employment Law
Satisfied Customers: 19,433
19,433 Satisfied Customers
Experience: Employment/Labor Law Litigation

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