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Virginia workers comp and downsizing

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  • Virginia workers comp and downsizing

    Injured at Virginia workplace 5/31/02. Still at same place of employment. Unable to do job I was injured on. I job bidded to a job that I am able to do. I am still under doctors care. I have not been rated. Recieving a check from work. comp. for adjustment from difference in wages between the 2 jobs. Compny is downsizing because of foriegn trade and imports. The company wants me to take a voluntary layoff and go to college thru the unemployment commission. Can I file with the unemployment commission if I am still on workmans comp? Will I loose all rights to my workmans comp claim if I do file unemployment? If the company closes and I have more medical problems, will workmans comp still cover me. The company says that my options are to find a job within the company that I can do , or take a disability leave, or take a voluntary layoff. They say they are not going to provide me with a job. I thought if they couldn't find work that I could do, that the workmans comp com was suppose to let me stay home and reimburse me? Also if I can no longer do the work I was injured on, can't I ask them to rehabilitate (school) me?

  • #2
    Workers Compensation and Unemployment

    I couldn't find a direct answer to your question. However, my guess is that your benefits for unemployment will be reduced by the amount of workers compensation monies that you do receive. The reason? Unemployment is designed to replace lost income temporarily. While you are not actively receiving a paycheck, your income has been reduced to the level of workers compensation pay.

    Of course, this is all contingent whether you would even qualify. I believe that you will because you have been released for employment by your physician and your employer cannot accommodate your medical restrictions.

    As far as continuing to receive unemployment while you are going through training is concerned, the commonwealth's website states, "Be sure you report any classes you are taking during weeks claimed. You may receive benefits while attending school, depending upon the course of study and the required attendance each week. If you desire to attend school or a training program to improve your employment possibilities, you need to request approval in advance through your VEC Workforce Services office. The VEC will determine if your training will be approved and advise you on work search requirements while you are in school or a training program. "

    You can read more about Virginia's workers compensation at: http://www.vec.virginia.gov/vecporta...getfaq=GUI#143

    Now, for your workers compensation questions. Workers compensation is not designed to pay people so that they can stay home. It is designed to cover medical expenses caused by the work-related injury or illness, and provide income replacement when the person is incapacitated and unable to work. Once you are determined to be able to work, you can lose your benefits if you refuse a job offer or if you do not try to find work. The same is true with retraining. The state will determine if you are eligible for retraining. Even with retraining, you must be able to prove that you are looking for work. If you refuse any job, you will lose your qualification for the retraining benefits.

    You can read more about VA's workers compensation regulations at: http://www.vwc.state.va.us/employees_guide.htm#benefits
    Lillian Connell

    Forum Moderator
    www.laborlawtalk.com

    Comment


    • #3
      Virginia Workman Comp com and downsizing (cont.)

      Thank you for your response. I still have some questions. I have not been released from the doctor. But I was able to find this job at the same company that I could do. I recieve a check from my employer and a supplemental check from WWC because of the difference in pay. Now the company is doing away with this job and they say they will not provide me a job. They say I have to find a job that I can do, they will not find me a job. I have job bidded for all the jobs that I know I can do. Nothing has come available or it has been awarded to someone else. I have worked here for 30 years and want to continue working. I did not mean that I wanted to sit at home and be paid. I meant that I thought I was suppose to be protected. The company has suggested several times I would be better of working somewhere else. I know they would like for me to quit. I feel like this is why they are telling me they will not help find me a job in the company I can do.My question was if they can't (won't) find a job for me, isn"t WCC suppose to pay me. My employer is not telling me this. He says If I can't find something I will have to quit.

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      • #4
        Quitting

        If you quit your job, it could endanger your unemployment benefits and possibly your workers compensation benefits. By quitting, you may be refusing employment, a disqualifier under both programs. You should contact the state for a definitive answer.
        Lillian Connell

        Forum Moderator
        www.laborlawtalk.com

        Comment

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