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Job posting after work injury

by Holly

First I would like to say that this is the best website for unemployment issues and I have researched for hours on end.

My employer is a small business. I fell on the employers parking lot due to a patch of ice. They never called the ambulance or my husband to notify the incident nor did they file an accident report. My employer drove me to the hospital. I suffered a concussion, back, neck and nerve injuries. I had a doctors note returning to work after 3 weeks of the injury. I emailed back and forth with status and work questions during those 3 weeks. When it was time to return I was unable to due to the extreme pain. I informed them that "at this point i did not know when I would be able to return due to the pain" for them to hury and send the workers comp info so that I can seek treatment paid by them and not my insurance. My job was posted 1 week later. I never received any notification of this posting.

After 2 months I was feeling good enough to be able to do my job but temp disability was denied due to a pending workers compensation claim then wc was denied and I felt that since my job was posted I had no job to return to so I filed for unemployment.

I was approved after the claims examiner's interview. the examiner stated that they tried to contact me but were unable to. That is a lie. But now I have a telephone hearing for an unemployment appeal filed by the employer stating that I voluntary left. Do I have a good chance of winning this appeal? Any suggestions.

Hi Holly,

No, I don't know enough to understand what the employer's basis for appeal will be .. therefore .. no suggestions except since you were injured on the job and it sounds like maybe the employer violated worker comp laws .. get a lawyer.

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