Unemployment and Workers’ Comp in Vermont: Can You Actually Collect Both?

If you have been hurt on the job and your employment situation is uncertain, you might be wondering whether you can collect unemployment benefits on top of your workers’ compensation. It is a fair question. Both programs exist to replace lost income, so why would they not work together? The honest answer in Vermont is: it depends on timing.

Why You Usually Cannot Collect Both at the Same Time

While you are receiving temporary total or temporary partial disability payments through workers’ compensation, Vermont law treats those payments as a form of remuneration for unemployment purposes. Under 21 V.S.A. § 1344, compensation for temporary partial or temporary total disability under Vermont’s workers’ compensation law is counted against your weekly unemployment benefit amount. In practice, that usually means your unemployment claim is reduced or denied entirely for any week you are also receiving workers’ comp disability payments. The idea is straightforward: unemployment is meant to replace wages when you are out of work and available to work, while workers’ comp already replaces a portion of your wages while you are medically unable to work.

What Happens Once Your Workers’ Comp Benefits End?

Here is where it gets more interesting. Vermont has a specific pathway for workers whose job ended because of a work injury. Under 21 V.S.A. § 1343(d), an otherwise eligible claimant who was separated from employment due to an injury resulting in temporary total disability, and who received workers’ compensation for that disability, may become entitled to unemployment benefits once the temporary total disability period ends. This applies even if you would not normally have enough recent wages to qualify. To use this option, you generally need to file your unemployment claim within six months after your temporary total disability period ends, and you must not already be eligible under the standard wage-based rules.

Practical Considerations for Injured Workers

A few things are worth keeping in mind if you find yourself in this situation:

• You must still be able and available to work to collect regular unemployment benefits.
• The timing of your workers’ comp discontinuance matters for the six-month filing window.
• Partial disability payments can still affect your weekly unemployment amount even after you return to some work.
• Documentation from your employer and medical provider can help clarify when your disability period actually ended.

Because these two systems interact in ways that are not always obvious, injured workers sometimes miss out on unemployment benefits they were actually entitled to receive.

Reach Out to Our Team for Help

Figuring out whether you qualify for unemployment while dealing with a workers’ comp claim can be confusing, especially if your employment status changed because of your injury. Getting the timing and paperwork right matters, and a mistake can cost you weeks of benefits you were owed.

If you are trying to sort out unemployment and workers’ compensation benefits in Vermont, our Vermont workers’ compensation attorneys at Sluka Law PLC can help you understand where you stand. Contact us today for a free consultation.

Source:

legislature.vermont.gov/statutes/section/21/017/01343