UI to WC to UI

My question involves workers compensation law for the state of: Massachusetts.
I was injured at work (possible TFCC tear in wrist ). I am currently waiting for consult with specialist. I have been on modified work , for 3 months (never lost any work time). Company is facing lay-offs and I have been inforrmed that I will be included. They want me to collect unemployment and if I require surgery , then I can switch to WC until I am released and if lay -off extends beyond that point, I go back to unemployment benefits. Is this legal?

Are you currently able to work?

I am working . Lifting restction 0-5 lbs Limited use of left hand, no repetetive bending, grasping, pinching or twisting of left wrist.

I can't give you a guarantee one way or another. All I can tell you is that if your employment ends or is suspended, you have the right to apply for UI. The state will determine whether or not your restrictions are sufficient to disqualify you. That is not something that a message board is able to estimate.

Do not hesitate to apply immediately after being laid off. MA has a one week waiting period for which you will not be paid, and any time prior to your application for benefits will not be included. So if you are laid off on February 1 and you do not apply for benefits until February 8, your waiting period will begin on February 8; whereas if you are laid off on February 1 and you apply immediately, the waiting period will start immediately.

In MA you can apply either by phone or in person. You cannot apply on line (though you can certify weekly on line). If you apply by phone, the last number of your SSN will determine the day of the week on which you call (you will not be penalized for days that you do not call due to your SSN - if you are laid off on a Monday but your day to call as determined by your SSN is Thursday, as long as you call on the first Thursday after your layoff you will not be penalized for Monday, Tuesday and Wednesday). However, if you go in person to one of the walk in centers you can apply any day of the week. You can find the days of the week assigned to the various SSN numbers as well as the locations of the walk in centers on the state website.

It will take a minimum of 2-3 weeks after you apply before your benefits start if approved. Your employer has the absolute right to contest, just as you have the absolute right to apply; however, ONLY the state will make the decision, not your employer. Do not forget to certify for every week, even before you are approved, because benefits will be paid retroactively once you are approved, but ONLY for weeks for which you certify.

Thank you. I just wanted to make sure that with my restrictions , I qualify. I am in construction and belong to a union and they won, ' put anybody on a job that has restrictions

I cannot say that you will or will not qualify for benefits; that will be determined by the level of your restrictions. It is more likely that you will than that you won't, but ONLY the state can make the final decision. If what you are saying is that you wanted to be certain that it was okay for you to apply, it absolutely is.

Thanks for all your help

In most states, if you're laid off while on restricted duty due to a work injury, unless you've recovered from your injury to the point that you no longer require the restrictions you would go back on worker's compensation.

You want to be careful - If you voluntarily go off of comp, effectively declaring to UI that you're fit for work, even if you're eligible for a short-term benefit when you are recovering from surgery you may find that you're not eligible for either form of benefit once your recovery is over.