How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19169
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

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

This answer was rated:

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?
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. and 2 other Employment Law Specialists are ready to help you