State Unemployment Benefits in West Virginia
WorkForce West Virginia, an agency of the state Department of Commerce, administers unemployment compensation. The one rule West Virginia publishes for a claimant's death is W. Va. Code 21A-6-14: accrued benefits due and unpaid on a claim the claimant filed before dying may, in the commissioner's discretion, be paid — without letters of administration — to the surviving spouse, children, or parents, in that order of priority.
Administering agency
WorkForce West Virginia
State Unemployment Benefits in West Virginia: key facts
- Administering agency
- WorkForce West Virginia, an agency of the West Virginia Department of Commerce.
- Claimant portal
- workforcewv.org (file a claim, manage a claim).
- Phone
- 1-800-252-JOBS (1-800-252-5627); WV Relay 711.
- Who may claim
- The surviving spouse, children, or parents of the deceased, in that order of priority. W. Va. Code 21A-6-14 covers only "accrued benefits due and unpaid on claims filed prior to decease of a claimant," and payment is "in the discretion of the commissioner" — it does not create a new claim for a survivor.
- Letters of administration
- Not required. W. Va. Code 21A-6-14 expressly permits payment "without letters of administration."
- Reporting a death
- WorkForce West Virginia publishes no death-reporting form and no deceased-claimant procedure. Call 1-800-252-JOBS (1-800-252-5627) and ask how the claim is closed and what proof of death and relationship the agency requires.
- Overpayments
- Benefits paid to someone who was not entitled to receive them are an overpayment, and West Virginia Unemployment Compensation Law requires that all overpayments be repaid to WorkForce WV. Overpayment questions: ucoverpayments@wv.gov or 304-558-3306. To set up a repayment agreement: workforcecollections@wv.gov or 304-558-3306. Payments by check or money order go to WorkForce West Virginia, Benefits Payment Control Unit, 1900 Kanawha Blvd. E, Building 3, Suite 300, Charleston, WV 25305.
Steps to take when someone dies
- Call WorkForce West Virginia at 1-800-252-JOBS (1-800-252-5627) to report the claimant's death and ask how the claim is closed. No online death-reporting form is published.
- Ask whether accrued benefits are due and unpaid on a claim the claimant filed before death — under W. Va. Code 21A-6-14 those are the only benefits payable after a death.
- If accrued benefits are payable, the commissioner may pay them, without letters of administration, to the surviving spouse, children, or parents, in that order of priority.
- Resolve any overpayment with WorkForce WV (ucoverpayments@wv.gov or 304-558-3306) — West Virginia Unemployment Compensation Law requires that all overpayments be repaid to WorkForce WV. A repayment agreement is arranged through workforcecollections@wv.gov or the same number.
Frequently asked questions
West Virginia publishes no deceased-claimant procedure — WorkForce West Virginia has no death-reporting form, and its Claimant Handbook does not address a claimant's death. The governing rule is W. Va. Code 21A-6-14: accrued benefits due and unpaid on a claim the claimant filed before dying may, in the commissioner's discretion, be paid to the surviving spouse, children, or parents. Call 1-800-252-JOBS (1-800-252-5627) to report the death and ask how the claim is closed.
Under W. Va. Code 21A-6-14, accrued benefits due and unpaid on a claim filed before the claimant died may be paid — without letters of administration — to the deceased's surviving spouse, children, or parents, in that order of priority. Payment is discretionary with the commissioner. Call WorkForce West Virginia at 1-800-252-JOBS (1-800-252-5627) to ask what proof of death and relationship it requires; the agency does not publish a document list.
WorkForce West Virginia, an agency of the West Virginia Department of Commerce, administers unemployment compensation through workforcewv.org and a network of local offices across the state.
Sources
Data sourced from State Unemployment Benefits in West Virginia primary sources (8 pages reviewed). How we research.
Administering agency
WorkForce West Virginia