workman's comp/unemployment question

[hugabearjo]

Well, here it is... I have a friend who works for an indian tribe. She has been hurt on the job but, I guess the tribe doesn't have to follow our laws and can do what they want to do. So long and short they have denied her benefits. She is unable to do her job so she knows they are going to lay her off.

Plain and simple, there are no jobs around here. Oregon has been very hard hit with this recession. She knows she will have to retrain.

Can she draw unemployment? If so with the extensions in place now what is the time frame that most people are able to draw it for?

Is there any way to fight the tribe, for workman's comp, that anyone knows of? She has contacted a couple of attorneys who say that no one will take on the tribe.... she doesn't know where to turn. She is a single mom and sole income for her family as her ex has moved out of state and they are trying to find him and get child support again....

It is scary what she faces any and all help would be greatly appreciated.

Thanks Dis family-

 

[MrsPooh]

I'm so sorry your friend must deal with this.

I have no input regarding workers comp and tribal rules but I do know that certain groups are exempt from state employment requirements in some circumstances.

I work for a church affiliated non-profit organization. The workers' comp insurance is a self-insurance program within the church so if you are injured at work the church will be the responsible party for covering your expenses. Also, the organization is exempt from paying unemployment to the state. As a result, if I lose my job I am unable to collect any unemployment!

Not really great but states have the ability to exempt certain groups from requirements and there is not much you can do to fight it.

 

[Cindy B]

Was Social Security(FICA or in some cases called OASDI) taken out of her checks? If it was, she may be able to get some workmens comp and or disability from Social Security.

She also may qualify for SSI--also a Social Security program. She should call the Socail Security 1 800 number or go online.

 

[wdwfan16]

To collect unemployment your employer must have contributed (does the tribe?) and you must be able and available for work. If she is hurt and cannot work then she will not be eligible for unemployment. Maybe workers comp, but the same question applies - does the tribe contribute?