Can I collect unemployment if I quit my job because of a on the job injury?

There are so many "ifs" to your question, that you may want to see an attorney - but I am glad to hear you are going to see another doctor. If you are subject to a collective bargaining agreement (i.e., union), then you may be entitled to benefits as provided by your union. If the injury was work related, then you may be entitled to workers compensation benefits, including temporary disability benefits if you cannot work. If your doctor prescribes no-work for an injury that is not covered by workers compensation, then you may be entitled to state disability. If you cannot perform the essential job functions that cannot be reasonably accommodated, then you may be out of a job and entitled to unemployment benefits. You may be entitled to leave for your injury, either as contractually available or under the Family Medical Leave Act or its California counterpart. Finally, if your employer discriminates against you for filing a workers compensation claim or for a permanent disability that they are able to accomodate-but don't, then your employer has wronged you substantially and you would be entitled to damages. Of course, this response is dealing with very limited facts, and can only be considered general and educational in nature and not as specific legal advice for your circumstance - we have not created an attorney-client relationship. So I invite you to confer with an attorney to discuss this further. Thank you, Jon Dieringer [email protected]

Just to add to the previous answer, you may find yourself in a catch 22 situation if you quit your job for health reasons. Generally, the EDD denies benefits to individuals who quit their jobs, unless they can prove they quit for good cause. You may believe you have good cause but the standard used by the EDD is very high. And if you contend you were physically unable to perform the work, you could still be denied because to be eligible, an employee must be physically able to work. I suggest you consult with a workers' compensation specialist, who could assess the employer's liability and provide more in depth direction.

Generally, for a person to be eligible to receive unemployment benefits, he or she should be unemployed through no fault of their own. So, if you quit your job you are voluntarily unemployed this means that it is your own fault that you are unemployed so you would be ineligible to receive unemployment benefits. However, there are certain exceptions to this general rule. Aside from some states having more lenient standards, if you quit because of a medical condition (such as your injury) or disability, then you may still be able to collect unemployment. Just make sure you get a doctor's opinion to help prove your injury, you can use this as evidence when filing a claim or even for availing of temporary disability benefits under Workers' Compensation.