Work-related injury leads to loss of job

Q. I sprained my knee but didn't make the connection initially between my knee sprain and something I had done at work. I reported the incident as soon as I realized that my injury was work-related, and hired a workers' comp lawyer. The lawyer told me not to contact my employer and that the insurance company would contact them instead. Work tried to call me several times. My doctor gave me the OK to go back to work, but my employer claims that I abandoned my job. My old job has since been filled. I have been offered several other jobs, but have refused them, as they are either not a shift that I want or are with difficult supervisors. My question is, can I collect unemployment benefits for the time that I am out of work?

A. Although I can't predict whether your claim will be approved, I recommend that you file one with the Department of Unemployment Assistance. DUA does not prejudge an individual's eligibility for unemployment benefits. Each case is different and is judged on its own merits, said Linnea Walsh, spokeswoman for the Massachusetts Executive Office of Labor and Workforce Development.

The division adjuster's mandate is to understand the true circumstances surrounding your leaving your job. An adjuster will review the documentation that you provide and the wage and separation information that your employer is asked to provide. If your version and your employer's do not match, this may raise some questions about your eligibility to collect unemployment benefits.

Depending on the initial ruling, either you or your employer are entitled to request a hearing. If the initial ruling is favorable to you, your employer could challenge the ruling by requesting a hearing. If your initial claim is denied, you would be able to request a hearing. At the hearing, your claim would be further investigated. If your case does go to a hearing, you may want to hire an employment attorney to help present your claim.

The decision of whether you were eligible to collect unemployment benefits initially may revolve around whether you knowingly or inadvertently violated your company's policy. You followed your lawyer's directive not to contact your employer and assumed that their insurance company had informed them of your situation. Your company sees the situation differently and is claiming job abandonment.

Whether or not you are eligible to continue receiving unemployment after turning down several job offers is a different issue. To maintain eligibility, state law requires claimants to be actively searching for employment in each week in which benefits are claimed.

Your employer did offer you several jobs that appear to be comparable in salary, type of work, and level of responsibility as your old job — and you turned them down. Generally, when collecting unemployment benefits, once workers refuse comparable offers of employment, their unemployment benefits end.

The division examines a number of factors to determine if an individual can continue to be eligible to receive unemployment benefits after turning down a job offer. These factors include where the job is located; the type of work being performed; whether the position is suitable to your training and experience; and, finally, how comparable the wage level is to your previous salary.

Please note that "working with a difficult supervisor" or "working a shift you do not want" are not in the list of factors the agency will take into account. It seems that you may be confusing "comparable" job with "ideal" job. If you wait for the ideal or perfect job, you risk losing your eligibility for unemployment insurance benefits and you extend the time you are out of work.

Roni F. Noland is a career counselor/coach in private practice. She can be reached at noland.roni@gmail.com. E-mail questions to jobdoc@globe.com or mail to Job Doc, Boston Globe, Box 55819, Boston, 02205-5819.