Florida Attorney-Danialle Riggins,Esq.

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Can I collect unemployment benefits after settling my workers' compensation claim?

Posted by attyriggins at 10:14 AM on January 02, 2009

Several employers require you to sign a release when you are completely settling your Florida workers' compensation claim.  In this release you could waiving any and all employment related claims and resigning from your position/job.  You sign the release because you really need the settlement money but you really do need your job or a job.  Can you seek get unemployment benefits.  The answer is no. 

 

When you accept an early retirement opportunity, a workers' compensation settlement, or some type of voluntary job separation program and have not been laid off or discharged, you cannot qualify for unemployment benefits.  This is because the separation/termination cannot be said to have separated with good cause attributable to the employer within the meaning of the Florida unemployment compensation law.

 

If you are laid off or discharged, you may be entitled to unemployment benefits.

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