Legal Question in Employment Law in Pennsylvania
Laid off
At the end of April I was involved in a motorcycle accident. Head injuries, broken tibia, and broken ribs. I had a medical reason for a leave of absence and my employer accommodated this. Then I was left to go home in the third week from the hospital. I contacted my employer to let the know my status and they told me they were closing. Now the time before the accident I was working at my employer's fathers property. About a week after I was home I received two letters from my employer stating the my medical will end at the end of June 2007 and another letter that said that the father's properties were sold and my services will longer be needed because lack of work. Could I claim for unemployment even though I am still recouperating. Sorry this is so winded. Any help with this question would be greatly appreciated.
3 Answers from Attorneys
Re: Laid off
As long as you are able and willing to work in some occupation you would be eligible for unemployment.
Re: Laid off
There are a number of potential issues involved here. You may have a claim for damages for the accident, as well as a claim for wrongful termination. You should contact our offices as soon as possible.
-Danny Cevallos
267.639.3105
Re: Laid off
You asked about seeking unemployment compensation while you are recuperating.
First, I am glad that you are doing better. It's always sobering to hear that a fellow biker was injured in our activity.
You have a number of potential issues, first is the personal injury, second is the insurance issue and third is your salary.
Your accident may have generated assessable damages which could be paid by another party. If the accident was the fault of someone else it's obvious that you could seek recovery there. Or you may have various claims against your vehicle, home or other insurance policy (such as a disability policy). You need to examine these with an attorney before you settle anything.
As to your salary, you may be eligible for unemployment compensation but there are some caveats. You must be willing and able to work and actively seeking work in order to qualify. If you are able to return to work then you would be eligible for unemployment compensation. If not then you will be denied until you are able to return to work.
Hope this helps. Please contact my office to discuss this matter further.
Regards,
Roger
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