Maybe. If you have been taken out of work completely, and you are receiving a workers’ comp wage check, you normally cannot receive unemployment benefits. If you are written to light-duty release, and receiving a workers’ comp wage check, and if the amount of your workers’ comp disability benefit check is less than your unemployment check, you might be eligible for some unemployment benefits.
An important thing to remember is that the Virginia Workers’ Compensation Commission generally requires you to show that you have been looking for at least 5 light duty jobs per week, whereas the VEC (Virginia Employment Commission) generally only tells you to look for 2 jobs per week. To get workers’ comp benefits in this situation, you must comply with the minimum 5 job search requirement. It is best to look for even more light duty jobs so as to show the Commission that you are trying hard to find employment.
As always, JUST BE TRUTHFUL WHEN APPLYING FOR UNEMPLOYMENT AND/OR WORKERS’ COMP BENEFITS!!!
The following links may also be helpful: www.vec.virginia.gov , www.vwc.state.va.us , www.shoenlaw.com
These statements are for general information purposes only and not considered specific legal advice. Mr. Shoen would need to meet with you individually to ensure client confidentiality and would need additional information not provided in this article. This article does not create an attorney-client relationship. Please consult an attorney directly for legal advice.
