Am I eligible for Unemployment if my employer terminated me prior to settling W/C case?

Where to start ... You need a lawyer because the settlement value is probably not going to be in the right ball park. It looks like they violated the WC Act by not paying you WC benefits, despite the IME report. They owe you the WC, plus penalties (up to 50%), less a credit for the UC that you received. It looks like that they are trying to make this problem go away with a quick settlement. My two cents, you need to talk to a lawyer. Either call me up or one of the other lawyers here on . Regading the UC, most settlements require a letter of resignation. This means no UC for you once you sign the letter of resignation. Again, you need legal advice ...

You need to sit down with a workers' compensation lawyer right away to discuss your options. You maybe eligible for unemployment compensation, but since that is taxable and workers' compensation is not, you may be able to receive more money on workers' compensation. Additionally, settlements are tricky business and you should never attempt to settle a workers' compensation case without the benefit of a lawyer's advice. Consultations are free, and therefore it costs you nothing to sit down and talk about the situation. I would welcome your phone call.

"Can the carrier still insist on a resignation. . .?" In a settlement, any party can insist on anything. The question really is whether you have enough leverage to get the carrier or employer to remove the resignation requirement. As has been suggested by other responses, it would be unwise to finalize this settlement without having it reviewed by an experienced workers' compensation attorney.

Whether you immediately hire a lawyer or not, you need to insist on immediate payment of your past due workers compensation (which will be more than the UC) and reinstatement of ongoing WC. Since the WC carrier will take a dollar for dollar credit for every penny you get in UC benefits, there is no benefit in your continuing to tap into those finite benefits. If your right to workers compensation is properly confirmed in documents filed with the Bureau (best being via a Stipulation reached with help from an attorney and approved by a Judge), the full compensation rate (with no credit taken out by the WC carrier for UC benefits) should be reinstated as of the date you simply stop putting in your bi-weekly UC claims. That is, you unilaterally stop collecting UC once your WC rights are secure, and the WC carrier is deprived of the credit and must pay their full amount. This will have the effect of boosting the WC carrier's week to week exposure on your claim, thus also boosting your leverage for a full value workers' compensation settlement for a large lump sum. If you have not already retained counsel, call me. I will set up the stipulation to secure your full week to week workers compensation rights WITHOUT including an attorneys fee interest -- THEN we can work out how to secure and advance your rights in a way that maximizes your right to the largest possible lump sum recovery based on those rights and the medical support for your claim. Whatever you do, do NOT accept a low-ball settlement from the comp carrier without having an attorney. Insurance companies NEVER give full value settlements unless they are under threat of a long-term exposure in a claim where they know that future litigation is a questionable prospect. They will only regard your claim as a full value threat to their bottom line if you have an aggressive and competent workers comp attorney. That threat, plus the advice and guidance you will get from an aggressive WC attorney to help build your case, will be what gets you a large, full value lump sum settlement for the long-term effects your work injury will have on your earning capacity. Call me.

The Lee case holds that "a desire to settle a workers' compensation claim does not constitute necessitous and compelling cause to terminate employment." It could be an issue for unemployment, but you really need to have an attorney look over all of the facts and law. You are entitled to UC now, if they terminated you without a good cause or laid you off without pay. There are alot of things you need to consider before settling, as it sounds like more facts are needed about your wage calculations, UC set off and how long you would be able to stay on benefits (which has a direct affect on the settlement value). Feel free to give me a call with any questions or concerns. Timothy P. Brennan, Esq. Brennan Law Offices 2030 Tilghman Street, Suite 203 Allentown, PA 18104 [email protected] 1-877-927-5846 www.brennanoffices.com Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the States of Pennsylvania and New Jersey. Responses are based solely on Pennsylvania law unless stated otherwise.