I have been laid off but have an open medical portion of a worker's comp claim. I am collecting unemployment. I just had surgery on my hand due to the WC claim - should I now be collecting state disability rather than unemployment since I can't work for a

I have been laid off but have an open medical portion of a worker's comp claim. I am collecting unemployment. I just had surgery on my hand due to the WC claim - should I now be collecting state disability rather than unemployment since I can't work for a bit due to the surgery? I don't want to mess up my unemployment claim. Someone told me they would stop the unemployment claim, open a disability claim for however long the surgeon puts down on the paperwork, and then go back to unemployment after that. Please advise! Tx.

1 answer  |  asked Jul 31, 2017 10:30 AM [EST]  |  applies to California

Answers (1)

Marilynn Mika Spencer
Although I do not practice workers' compensation law, I know a lot about it because I work in a related area (employment law).

You should be guided by a workers' compensation attorney -- your own workers' compensation attorney.
These attorneys do not take any payment from clients up front. They are paid a small percentage of any permanent disability award the clients receive at the end of the case.

You can find a workers' compensation attorney on the California Applicant Attorneys Association (CAAA) web site: https://www.caaa.org. CAAA is the strongest California bar association for attorneys who represent injured workers. On the home page, click on the picture of the wheelchair above the words "Injured Workers." On the next page, click on the link to “Attorney Search” on the left side. Enter your city or any other information and click “Search.”

posted by Marilynn Mika Spencer  |  Aug 3, 2017 1:16 PM [EST]

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