Can you get unemployment if your work doesn't accomadate you for an injury?

Asked in Huntingdon, PA , on Aug 29, 2012

My husband works for Wal- mart and has knee problems. He is a supervisor and walks on it all day. He makes too much money to get insurance through the welfare office and we cant afford any insurance through wal-mart or anywhere else. They won’t give him any job that is easier. We can’t afford to fix it at the moment. He is at the point he calls off and is going to get fired because he can’t walk on it for very long. I’m at a loss at what action to take next. We have a family of four and can’t lose all of the income coming from his job.

Answered on Sep 3, 2012

You should definitely talk to an attorney. You may have a workers compensation claim if the condition is related to work or if work has aggravated a pre-existing condition. Feel free to take a look at my article on my profile about how to handle a workers compensation claim. Also, you have protections, even as an at will employee, when making a workers compensation claim. There is a public policy exception to the at will doctrine that protects employees making such claims. Also, he may have an Americans with Disabilities claim if the condition affects a major bodily function. You may have a suit or the ability to request an accommodation for the condition to make it possible for you to work.