By Joseph Devine
When you have been injured in the workplace, unemployment benefits can help you pay for your medical expenses and time lost. In order to receive it, however, you have to file the right paperwork on time. Knowing exactly what forms to file and when is a complicated process and depends on where you work and the circumstances. Only an experienced Texas employment lawyer knows all the ins and outs of the system.
The first step to receiving your unemployment benefits is, of course, to file. There are usually time limits: in some cases, employees at the state government level (for example) only have ten days to file their claim! Although the window is usually on the order of a month for most people, the variation between different lines of work means you should consult a lawyer as soon as possible after your injury.
After your claim has been filed, your employer receives a notification. At this point your employer has a week to file an objection with the state if they wish to contest your claim. Your claim goes before a state-level unemployment determination agent. That person’s job is to determine whether or not you are eligible for unemployment. After they have produced an initial decision, you are notified of whether or not you have been awarded unemployment.
If your employer objects, you may need to take your case to a hearing. At your hearing, you and your employer will appear before an agent in a quasi-legal setting. You each may bring lawyers, evidence, and witnesses to build your case.
If you disagree with the state’s decision-either after the hearing or after your initial application-you can appeal it to a state board of review. Most of the time, the board of review agrees with the initial decision. If you find fault with their decision, in particular as evidence and facts are concerned, you can take your case to the court.
At every step of this process, you deserve the help of a lawyer. With an experienced unemployment lawyer at your side, your odds of receiving the benefits you need increase dramatically. To discuss your case directly with a lawyer, contact the Texas unemployment lawyers of the Ross Law Group today.
Joseph Devine
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I think in order to collect unemployment benefits, you must follow all the requirements of the state isn’t?
@Jonathan, yes. You have to be ready, willing and able to return to work. I found that out myself. I was so burned out by the time I got laid off. I needed a break. The state of CA said, fine. When you’re ready to go back to work, then refile. Even if you are out of town, on vacation, or sick for a few days, those are days you are NOT able to work, therefore you can’t collect unemployment on those days. You have to be actively looking for work every day.
@admin, Thank you for your brief explanation.