Can I Collect Unemployment if I Was Injured at Work​ in Virginia?

Mar 28, 2025
McDonald Injury Law

If you were injured on the job in Virginia, you can seek compensation for your losses through a claim seeking workers’ compensation benefits. If you were injured on the job and certain other factors apply, however, you may need to seek unemployment benefits.

The laws related to injured workers are complex – reach out for the skilled legal guidance of an injured workers attorney today. 

The Answer to Can I Collect Unemployment if I Was Injured at Work​ in Virginia Depends on Your Situation

Whether or not you can collect unemployment if you were injured on the job in Virginia depends on the unique circumstances involved. Consider each of the following:

  • If your work-related injury leaves you completely incapable of working, you’ll turn to workers’ compensation to address your losses, and unemployment benefits will not apply. 
  • If you filed a workers’ compensation claim that was rejected, but you have returned to work on light duty limitations, you might be entitled to unemployment benefits that address your reduction in earnings. 
  • If you were injured on the job and your employer refused to accommodate the light duty limitations that apply, you can seek unemployment benefits. 
  • If you were laid off after being injured on the job, you can also pursue unemployment benefits. 

An important point to make here is that – if you were denied workers’ compensation benefits only to be awarded them after receiving unemployment – you’ll be required to pay the Virginia Employment Commission back for those unemployment benefits. In other words, it’s complicated, but a seasoned injured workers lawyer will help to ensure that you receive the full range of benefits to which you’re entitled – whether they come through workers’ compensation or unemployment. 

Workers’ Compensation vs. Unemployment

To determine your eligibility in relation to workers’ compensation or unemployment benefits, it’s important to understand the distinctions between the two. 

Workers’ Compensation

Workers’ compensation benefits apply when employees are injured on the job or suffer job-related illnesses that interfere with their ability to work. Employers are required to carry workers’ compensation insurance coverage on their employees, and in exchange, they’re spared the many challenges associated with personal injury claims, which are time-consuming, costly, and tend to be bad for business. This helps strike a balance between the rights of employees and employers. 

The basic benefits you’re entitled to through workers’ comp include the following:

  • A specific amount of your current earnings
  • The cost of your medical treatments and procedures that are deemed necessary

Unemployment

Unemployment benefits, on the other hand, represent financial assistance in the event that you lose your job through no fault of your own. These benefits are paid out as a percentage of your current earnings, but your related medical bills won’t be taken into consideration. 

What’s Right for You

The answer to “Can I collect unemployment if I was injured at work​ in Virginia?” depends directly upon the situation at hand. The bottom line is that it’s generally preferable if you’re entitled to workers’ compensation because the coverage is more comprehensive than unemployment would be. 

There are, however, circumstances in which seeking unemployment benefits in the aftermath of a job-related injury is advised. A savvy injured workers attorney can help you make the right decisions for you – in light of the specific circumstances that apply to your claim.

Reach Out to an Experienced Virginia Injured Workers Lawyer Today

The resourceful Virginia injured workers attorneys at Geoff McDonald & Associates dedicate their impressive practice to helping clients like you maximize their compensation.

For more information, please don’t delay. Call us at 804-888-8888 or contact us online today.

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