Wise, VA asked in Workers' Compensation for Virginia

Q: Can I receive full sick leave pay from my employer and workers compensation pay at the same time?

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1 Lawyer Answer
Jerry Lutkenhaus
Jerry Lutkenhaus
  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: I would think not unless the employer has a program that says sick pay would be used to supplement workers compensation pay which pays only two thirds of your salary. I believe the City of Richmond used to do this in order to make up for the one third that an injured worker loses by going on workers compensation. Normally, you cannot get sick pay if you are on workers compensation. This is based on my 35 years representing injured workers in the Richmond area. The principle is if you also got sick pay it would be a double recovery.

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