Unemployment when injured on the job in WV

First off I want to thank you for your site, I was very grateful to come across it. You do well being thorough in your advice and I am thankful for your contribution.


My question was about drawing unemployment when you have been injured on the job(That being the cause of your unemployment) I read where you said that the two main factors for drawing unemployment was basically your job being cancelled through no fault of your own & being able to work another job if the opportunity presents itself.

I can’t work right now due to my injuries and according to the doctors will not be able to for the next few months. I am not receiving any more aid from my workplace through workers comp because my position was “seasonal”. With the payments I have to make and no possible way to provide for them as I did when employed this worries me. I’ve looked at disability as well but I’m not sure I’ll qualify for that either (I read where you have to be disabled for at least or year or expect death & I don’t know the details of my situation’s time frame yet.)

That’s why I was so grateful to see you accepted questions, any light that you can shed for me would be deeply appreciated.

Thank You,
Sincerely
In WV


Hi West Virginia,

I'm not all that familiar with worker comp regs, but if you give me a day or two, I'll do some research and see if I can figure anything out well enough to point you in a direction and will post a comment to your submission.

Obviously, I'm thinking any possible positive answer may lie in the worker comp regulations .. not unemployment.

Chris,

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Apr 19, 2009
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Thank You for the help
by: Anonymous

Thank You Chris,
I am very grateful for the research you did and the tips. That's much more than I had. I truly, truly appreciate it.

(In WV)



You are more than welcome. If you happen to find out anything that could be of use to others about your issue, please let us know.

Thanks,

Chris

Apr 18, 2009
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I think you need an Injury Attorney
by: Chris

First, I'll get the unemployment benefit thing out of the way.

West Virginia does not have a temporary disability unemployment program. Only New York, New Jersey, Rhode Island, California and Hawaii (and Puerto Rico) have such a program.

What this means to you is that you cannot collect any unemployment in WV until you are able to return to work and then you have to worry that you may not have sufficient wages in your base period because WV does not have an extended base period which would allow the state to look further back for qualifying wages.

West Virginia is one of five states that requires (if you choose to have representation at a UI hearing) your representative MUST be an attorney. The other four are KS, MO, SC, SD. NC and AZ, ID have some requirements, albeit less restrictive.

I think you need an Attorney who specializes in worker comp claims.

Like I said I am not familiar with worker compensation. It's a different program which may have some impact on UI benefits, but it is different.

What did jump out at me .. was that you said you weren't receiving it anymore because you were a seasonal employee. This doesn't make any sense. I found a short little outline for WV WC here.

This says there is no time or monetary limits, so I don't understand how your worker comp can be stopped because you were a seasonal employee.

I also know that WC includes a hearing process and people hire attorneys all the time to get settlements, but I do not feel competent to give you any information about how to go about straightening out your problem which is a workers comp problem .. not an unemployment problem.

West Virginia Office of the Insurance Commissioner

I did read enough to know an employer shouldn't be suspending WC benefits without a hearing.

Truly sorry I can't be of any help. Your situation is beyond the realm of UI. You need professional legal help.

Chris








Apr 18, 2009
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Thank You
by: Anonymous

Thank You Chris

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