“Integrity is telling myself the truth. And honesty is telling the truth to other people.” Spencer Johnson
The First Step
When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.
The Next Step
If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.
My Workers Comp Got Cut Off, Can I Apply For Unemployment?
Applying for Unemployment after you get cut off from California workers compensation temporary total disability benefits or permanent disability benefits can subject you to criminal penalty. Seriously. This article is by a California Workers Compensation Lawyer and focuses on California law. However, most States have almost the same laws as California.
If you are unable to perform your usual and customary work, then you must not file for California Unemployment benefits. Stated differently, if you are temporarily totally disabled or permanently disabled from returning to your customary work or usual work - - then you must not file for California Unemployment benefits. It is our understanding that most States have similar laws - so be sure to check the law at your State also.
You have to Swear Under Penalty of Perjury *
Under California law you have to state under penalty of perjury that you are ready, willing and able to work in order to qualify for California Unemployment benefits. If you are disabled and unable to perform your usual work, then you have most likely committed perjury. At least that is how you should expect the District Attorney in your County to interpret the law. You don't need or want to go there.
* Many high profile criminal arrests are for lying under penalty of perjury. District Attorneys usually take this very seriously. So should you.
File for State Disability
Instead, you need to file for California State Disability Insurance benefits. This isn't welfare. The State of California takes money out of your check every week. You paid into the system. You should use the money you paid in when you are entitled to the benefits. You will need to have a doctor sign for you stating you are unable to perform your usual work.
You can collect up to one year of California State Disability benefits. Contact your local California Employment Development Department.
A Guide For You and Your Family
At The Turley & Mara Law Firm, APLC we can guide you through the complex workers compensation legal process. This will allow you the time that is necessary to heal and get better. We will work hard to make sure you do not become a victim a second time by settling for less compensation than what you are rightfully due under California workers injury law. Contact us today so we can start helping you.
We Are Ready to Help
Our focus for over two decades has been to be there for our clients for the legal process and all their other needs. Our work injury lawyers are ready to help you start putting your life back together. We are ready to help.
Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley