Job Seekers and Workers

Workers' Compensation

I was injured on the job. What do I do now?

  • Report the injury to your supervisor immediately
  • Seek medical attention, if necessary
  • Notify your employer immediately, but no later than 72 hours after having sustained an injury
  • File a Wyoming Report of Injury with Workers' Safety and Compensation within 10 days
  • Complete the form in its entirety, preferably with your employer. Ensure all information is correct. You must sign your report form!
  • Upon receipt, the Division will assign you a 9-digit case number. You must give this number to all your health care providers so they may bill the Division directly for injury related medical care.

Where are Workers' Compensation field offices located?

For the convenience of our customers, we have Field Offices located across the state.

My employer says I have to see their doctor, do I?

Yes you do, but you may also chose a doctor of your choice. Once you have chosen a primary healthcare provider, you may not change without prior written approval by the Division or a referral from your health care provider.

Where should I send a Workers' Compensation injury report?

The current mailing address for Injury Reports is:

  • Wyoming Workers' Compensation Division
  • P.O. Box 20207
  • Cheyenne Wyoming  82003-7005

Where should I send correspondence regarding Workers' Compensation?

Please send correspondence to:

  • Wyoming Workers' Compensation Division
  • 1510 E. Pershing Blvd.
  • Cheyenne, WY  82002

What Workers' Compensation medical treatments are limited or not allowed?

The following are considered personal items and not covered:

  • Clothing
  • Footwear, unless such items are professionally altered to accommodate the compensable injury
  • Hot tubs, spas or any other devices wherein water is heated and/or circulated
  • Programs, aids, medications or dietary supplement primarily intended to help the worker lose weight
  • Exercise equipment
  • Bed, mattresses or mattress toppers
  • Recliners or lift chair
  • Vitamins or herbs
  • Health Clubs
  • Experimental Care

The following medical treatments are limited:

  • Acupuncture - Acupuncture must be performed by doctor of medicine, chiropractor, osteopath or advance practitioner of nursing, certified to perform acupuncture and has submitted proof of certification to the Division
  • Biofeedback
    • The services must be prescribed by your treating physician;
    • Performed by a professional with a current certification from the Biofeedback Certification Institute of America (BCIA)
    • The number of sessions is limited. Your provider should contact the Division for spefics
  • Massage Therapy - Only permitted when performed under the direct supervision of a lilcensed physical therapist and is in conjunction with other therapy modalities

How do I find out the status of my Workers' Compensation case?

There are two methods:

  1. You can access your case informaton online. To do this, visit our PIERS application (Providers, Employers and Injured Worker Reporting System)
  2. The second option is to call our main office at +1 (307) 777-7441 and step through the Interactive Voice Response (IVR) prompts to the information you need. You will also be able to find the case analyst assigned to your case and the number they can be reached

Both of these methods will require you to have your Social Security Number, Date of Injury, and Birthdate.

What is an Independent Medical Exam and I have to attend?

Medical examinations may be requested by either the Division or your employer. The examination is a medical evaluation of your condition. If an assessment of your permanent physical impairment is required, you will receive an impairment rating. However, the doctor providing this examination/assessment will not be taking over your medical care. You should continue to see your primary health care provider.

Failure to attend all medical examinations scheduled by the Division could jeopardize your benefits.

You will receive written notification with whom, where, and when this examination/assessment will take place.

You may qualify for travel reimbursement to attend an independent medical examination.

I'm going to be off work, how do I get paid for my lost wages?

You may qualify for Temporary Total Disability (TTD) benefits if you are unable to work as a result of your work-related injury; TTD benefits are not allowed for the first three (3) days of disability unless you are off more than eight (8) days. You must apply for TTD benefits using an Application for Temporary Total Disability. A report of injury is not a claim for TTD benefits.

  • You complete the top portion (remember to sign and date)
  • Your healthcare provider completes the lower portion
  • Upon completion, submit the form to the Division

TTD benefits are the equivalent of 2/3 of your gross monthly wage at the time of injury, but cannot exceed the Statewide Average Wage for the quarter you were injured. TTD benefits are not taxable.

TTD Incentive: Monthly benefits may increase by 3% if all of medical care is received entirely in Wyoming, or if the distance from your residence to an in-state health care provider is at least one hundred (100) miles greater than the distance from the employee's residence to an out-of-state medical provider. This also applies if the employer has a contractual agreement withan out-of-state provider.

TTD benefits are paid twice a month with one-half (1/2) of the monthly award paid on or about the 15th of the month and one-half (1/2) paid on or about the 30th of the month. During the time you are on TTD you must:

  • Keep in contact with your analyst,
  • Be involved in an active treatment program,
  • Attend all appointments

Can I get reimbursed for my travel?

The Division will reimburse travel expenses for travel to the closest available medical or hospital care needed to treat your work related injury.

If you must travel to obtain medical services, you will be reimbursed at authorized rates published in the current Wyoming Workers' Compensation Rules and Regulations and Fee Schedule.

You must submit a reimbursement voucher and attach the original receipts for meals and lodging. You must also attach verification of your appointment from your healthcare provider.

Travel reimbursement shall NOT be paid for:

  • Travel less than 10 miles one-way
  • Travel other than that necessary to obtain the closest available medical or hospital care need
  • Travel to pick up prescriptions or x-rays
  • Claims submitted after one (1) year from the date of travel
  • Travel, other than motor vehicle, unless arrange by your analyst
  • For persons other than the injured worker, unless medical necessity is established by the treating healthcare provider. A letter of medical necessity must be attached to the reimbursement voucher

My Workers' Compensation case is closed, how do I re-open it?

After a period of inactivity, cases will automatically close. Upon receipt of new medical reports, the Division reviews the information and determines if it is related to the Workers' Compensation injury. If the decision is made that it is relate, your case is automatically reopened and the current bills paid. If more information is need prior to reopening, the analyst will request the information by letter.

If there is no activity on your case for over 4 years, benefits are terminated unless medical documentation is received substantiates the claim and proved by competent medical authority and to a reasonable degree of medical certainty that the condition is directly related to the original injury and then the case is opened for medical benefits only.

The Division will not pay for annual physicals, yearly rechecks that are done for the sole purpose of keeping your claim active. Annual visits and well checks are not reasonable and necessary medical expenses. It is your responsibility to pay for an evaluation of your physical well being.

What if I disagree with the decision on my eligibility for benefits?

You have the right to file a protest or to appeal any disqualifying determination. The appeal must be postmarked within 15 days of the date the determination notice was mailed to your address of record. Your appeal must be in writing requesting a hearing. If a hearing is held, you will need to participate by phone or in person. The hearing will give you and other interested parties the opportunity to present testimony. The hearing officer will later issue a written decision.

Glossary:

Determination - An official decision by the Unemployment Insurance Division regarding the unemployment claim of a person.

Address of Record - The address to which all documents are mailed. You must notify the Unemployment Insurance Division (UID) in writing of any address changes. UID mail, including checks and determinations will not be forwarded by the U.S. Postal Service.

I need medical treatment, where should I go?

The Division will pay for medical treatment if it is:

  • Directly related to the injury or condition caused by the work activities,
  • Reasonable and necessary

You are responsible for giving your case number to everyone providing medical services related to your work injury. If you are billed by a provider, you will need to contact them with your case number so that they will bill us directly.

You choose your primary healthcare provider (doctor of medicine, chiropractic or osteopathy, optometrist, podiatrist, psychologists or advanced practitioner of nursing). Once you choose your primary healthcare provider, you may not change without a referral from your primary healthcare provider or upon receiving a written final determination of approval from the Division after you have submitted a Notice of Change of Healthcare Provider form.

When choosing a healthcare provider you need to keep the following in mind:

  • The Division will only pay mileage reimbursement to the closest available healthcare provider
  • All medical bills are reviewed and if appropriate, paid by a fee schedule. Healthcare providers providing services within the State of Wyoming cannot bill you for the charges in excess of the fee schedule.
    • You are responsible for any personal items or treatments not related to your injury
    • If you choose an out of state provider, you may be billed for charges in excess of the fee schedule

Give your case number to everyone providing medical services for the work-related injury or condition. Medical bills cannot be paid without acase number.

Medical care should be obtained in Wyoming if possible.

TTD Incentive: Your monthly benefit may increase by 3% if all of medical care is received entirely in Wyoming. Please contact your analyst for further information.

All injury related medical bills must be sent directly to the Division by the provider. If you receive a bill, ask the provider to submit the bill directly to the Division.

Once you choose a primary health care provider, you may not change without prior written approval by the Division or a referral from your health care provider

If you move out of the State of Wyoming, it is your responsibility to find a healthcare provider that will accept you as a patient and bill Wyoming Workers' Compensation

What medical procedures are covered?

Generally, the Division will pay for medical treatment if it is:

  • Directly related to the injury or condition caused by the work injury
  • Reasonable, necessary and appropriate treatment for the injury
  • The Division may pre-authorize certain medical treatments including nonemergent surgeries. A list of treatments can be viewed at Preauthorization Program

What if I disagree with a Final Determination issued by the Workers' Compensation Division?

If you disagree with any Final Determination letter, you may submit a written request for a hearing by the due date on the Final Determination letter. Include your name, 9-digit case number, current address, what you are objecting to, and a request for hearing. Remember to sign and date your request.



Unemployment Insurance

What is Unemployment Insurance?

Unemployment Insurance is a benefit available to persons out of work through no fault of their own. It replaces part of the income you lose when you become unemployed. Wyoming benefits are financed entirely by covered employers.

Glossary:

Unemployment Insurance (UI) or Unemployment Compensation - A program under which a person who is unemployed through no fault of his or her own, is paid weekly benefits based upon his or her past wages in employment covered by state or federal laws.

Unemployment - Any week in which you perform no services and receive no wages or perform less than full-time work and wages payable for that week are less than your weekly benefit amount.

Benefits - The monetary amount paid to an unemployed or partially unemployed worker.

Who can file for Unemployment Insurance?

You can file for Unemployment Insurance if you are partially or totally unemployed.

Glossary:

Unemployment Insurance (UI) or Unemployment Compensation - A program under which a person, who is unemployed through no fault of his or her own, is paid weekly benefits based upon his or her past wages in employment covered by state or federal laws.

Unemployment - Any week in which you perform no services and receive no wages, or work less than full-time and wages payable for that week are less than your weekly benefit amount.

Who qualifies for Unemployment Insurance?

Unemployment Insurance is available if you have earned sufficient wage credits and are unemployed through no fault of your own.

You are required to be able, available, and actively seeking work for each week you file a claim for payment.

Glossary:

Unemployment Insurance (UI) or Unemployment Compensation - A program under which a person, who is unemployed through no fault of his or her own, is paid weekly benefits based upon his or her past wages in employment covered by state or federal laws.

Unemployment - Any week in which you perform no services and receive no wages or perform less than full-time work if wages payable for that week are less than your weekly benefit amount.

Wage Credits - Wages earned by a person working in employment which is covered by state unemployment compensation laws.

How do I apply for Unemployment Insurance?

You can file a new claim by calling the Wyoming Claims Center at +1 (307) 473-3789. If living outside of Wyoming you can call +1 (866) 729-7799 toll free. You can also file over the Internet. If you are trying to file a claim against another state, you can call the UI Help Line at +1 (307) 235-3264 to get the phone number and contact information for that state.

When you apply you will need:

  • Your Social Security Number
  • The name, mailing address, and phone number of your last employer
  • The last day you worked
  • If you worked outside of Wyoming within the last 18 months, you will also need the names and dates worked for those employers

Glossary:

Unemployment Insurance - A program under which a person, who is unemployed through no fault of his or her own, is paid weekly benefits based upon his or her past wages in employment covered by state or federal laws.

Once I'm eligible for unemployment, what do I do to receive benefits?

You will be required to certify you are eligible for each week of unemployment. You can receive benefits for each eligible week that you claim until your return to work, your benefits are exhausted, or you have reached the end of your benefit year. Each of these weeks is called a benefit week.

You may claim your benefits by filling out the payorder which is sent to you every two weeks, or you may choose to claim your benefits using either the voice response system or the Internet continued claims system. Claims are filed bi-weekly. They need to be filed no later than the Friday following the week-ending date on the payorder. They cannot be filed until the Sunday after the week-ending date. Thus, you have a period from Sunday through the next Friday to file a timely payorder.

Glossary:

Unemployment - Any week in which you perform no services and receive no wages, or work less than full-time and wages payable for that week are less than your weekly benefit amount.

Benefits - The monetary amount paid to an unemployed or partially unemployed worker.

Exhausted Benefits - This results when all of the benefits for which you are eligible have been paid.

Benefit Year - Your benefit year ends one year from the effective date of your claim.

Benefit Week - A calendar week which starts at 12:01 am Sunday and ends 12:00 midnight the following Saturday.

Payorder - The payorder is sent to you every two weeks. To claim unemployment compensation for the next two weeks, this payorder must be returned, unless you file by phone or Internet.

Voice Response System - Phone service which allows you to file your continuing claims by calling +1 (307) 473-3789. The system will note for which weeks you may file. Then you will be asked to respond to questions corresponding to those on the payorder.

Internet Claims Filing - Unemployment Insurance continued claims can be filed via the web.

How much will I receive for my Unemployment Insurance benefits?

The amount of unemployment benefits varies. It is dependent on how much you have earned in your base period. The maximum weekly benefit amount from July 1, 2014 to June 30, 2015 is $475. The minimum weekly benefit for this same time period is $34. These numbers can change each year; they are determined by a formula in the Wyoming statutes. The formula is based on the average weekly wage in Wyoming and is recalculated each year.

Glossary:

Benefits - The monetary amount paid to an unemployed or partially unemployed worker.

Base Period - The first four of the last five completed calendar quarters before the beginning of your claim.

Weekly Benefit Amount - The amount payable to a claimant for a compensable week of total unemployment.

How long will I receive unemployment benefits?

Full benefits can be paid no longer than 26 weeks during your benefit year. If you have weeks with reduced benefits because of other income, benefits could last as long as a year. The actual number of weeks depends on your base period earnings and the maximum allowed by Wyoming statutes.

Glossary:

Benefits - The monetary amount paid to an unemployed or partially unemployed worker.

Benefit Year - Your benefit year ends one year from the effective date of your claim.

Base Period - The first four of the last five completed calendar quarters before the beginning of your claim.

What is the ReliaCard Visa Debit Card and How Does It Work?

What is the ReliaCard Visa Debit Card?

The ReliaCard Visa is a reloadable, prepaid card issued by U.S. Bank. The ReliaCard Visa is an electronic method for receiving your unemployment insurance benefit payments. Wyoming Department of Workforce Services, Unemployment Insurance Division will electronically deposit your authorized unemployment insurance benefit payments onto a ReliaCard Visa for you.

How does the ReliaCard Visa Debit Card work?

The card may be used to make purchases everywhere Visa debit cards are accepted. The card may be used to pay bills, and for online, phone and mail order purchases. Cardholders can also get cash from over one million Visa/Plus® ATMs, or from any bank teller of a financial institution that accepts Visa. The amounts of purchases or cash withdrawals are automatically deducted from the available balance on the card.

What are the advantages of having a ReliaCard Visa Debit Card?

Some of the main benefits:

  • Save time. Easy and quick access to your payments without waiting in line to cash or deposit a check
  • Convenient. Withdraw cash at ATMs 24 hours a day and make purchases everywhere Visa debit cards are accepted, including gas stations, grocery stores, restaurants and pharmacies
  • Secure. No need to carry large amounts of cash
  • Save money. Reduce check-cashing and money order fees
  • Track spending. Free account information and customer service 24 hours a day
  • Visa benefits. Enjoy the prestige and purchase protection given to Visa-branded cardholders, without a credit check
  • Reliable. Receive your payments on time-no lost or stolen checks
  • Easy. No minimum balance required to open or maintain the card
  • Safe. Funds are protected by the U.S. Bank Zero Liability Policy* and are FDIC insured

Can I use my card without incurring fees?

Yes. Here are some of the ways you can use your card for free.

  • Make purchases at any merchant that accepts Visa debit cards
  • Make cash withdrawals from a U.S. Bank or MoneyPass ATM or from a teller at any financial institution that accepts Visa
  • Perform a balance inquiry at an ATM

How do I check my balance for free?

  • Consult the monthly statement mailed to your home
  • Access your account online 24 hours a day at reliacard.com
  • Call the automated customer service line

What fees are associated with this card?

When you receive your card, you will receive a list of fees that apply to the card. They include:

  • A $1.50 fee for each ATM transaction from non-U.S. Bank or non-MoneyPass ATMs. Non-U.S. Bank or non-MoneyPass ATM owners may assess their own fee for each transaction
  • A $2.00 fee per month if the account is inactive for 180 consecutive days. The fee is charged each month until the account becomes active again or until the balance reaches $0
  • A $15.00 fee for expedited card replacement. The card will arrive in 2 business days via UPS. Standard card replacement is free and cards arrive in 3-5 business days via USPS

Are there fees for tracking my balance?

Each month you will receive a free printed statement which shows all card activity for the past month and your account balance. You may also check the account balance free of charge, 24 hours a day, by going online to reliacard.com or by calling the automated ReliaCard Visa customer service line at +1 (866)-276-5114. If you perform a balance inquiry at a non-U.S. bank or non-MoneyPass ATM, you may be charged a fee by the ATM owner, even if you do not perform a transaction.

Is there a fee for using this card to purchase goods at a store?

No. When using the ReliaCard Visa to make purchases, there is no fee associated with it. It works like a Visa debit card, except that it pays the merchant from the amount stored on your card. At participating Interlink merchants, such as grocery stores, you can also request cash back without paying a fee.

Do I have to pay ATM fees?

U.S. Bank will not charge a fee for withdrawals made from U.S. Bank or MoneyPass ATMs. For withdrawals from non-U.S. bank or non-MoneyPass ATMs, U.S. Bank will charge a service fee of $1.50. If using a non-U.S. Bank or non-MoneyPass ATM, the owner of that ATM may charge an additional fee. These surcharge fees vary depending on the bank that owns the machine. The ATM will notify you of the surcharge fee and allow you to cancel the transaction prior to being charged the fee.

Can Wyoming Unemployment Insurance Division view or track my transactions?

No. For privacy reasons, U.S. Bank does not share card account numbers or transaction details. However, for reconciliation purposes, Wyoming Department of Workforce Services, Unemployment Insurance Division does have access to the amount and date of deposits to individual cards.

Can I make a purchase for more than the amount on my card?

If you need to make a purchase for more than the amount you have on your card, you will need to use two forms of payment. Tell the cashier how much you want taken from the balance on your card - the cashier cannot determine your available balance. Then, pay the remaining balance with cash, check, credit card or check card.

Do I have to go to a U.S. Bank ATM or U.S. Bank branch to get cash?

No. You can obtain cash from any of the over one million Visa/PLUS ATMs throughout the world, or over the counter at any bank or credit union that accepts Visa. You can also get cash back on purchases made at Interlink merchants throughout the United States, such as grocery and discount stores. Note: To identify an Interlink merchant, simply match the Interlink logo on the back of the card to the logo displayed on the merchant's door or at the checkout counter.

When using an ATM to withdraw funds, which selection (checking, savings, or credit card) do I choose?

You should select "checking" when making a withdrawal at an ATM.

Will I be able to add other funds to my card, in addition to what Wyoming Unemployment Insurance Division puts on it?

No. Only the state can deposit funds to the card.

Will I earn interest on the funds in my ReliaCard Visa Debit Card account?

No. The account does not earn interest.

Will I receive a monthly paper statement in the mail?

Yes. You may also view your current transaction history and past statements online at reliacard.com. To ensure that your monthly statement is sent to the correct address, please contact ReliaCard Visa customer service at +1 (866)-276-5114 to report an address change. You will also want to contact Wyoming Unemployment Insurance Division to change your address to ensure information about your claim is accurate.

How can I check the available balance on my card?

You can obtain your current available balance in three ways:

  • View your account online at reliacard.com
  • Do a balance inquiry at an ATM
  • Call the toll-free customer service number on the back of the card

Can I vew my account online?

Yes. View your account activity online at reliacard.com, a secure Web site. You can perform the following functions online:

  • Change your Personal Identification Number (PIN)
  • Perform a balance inquiry
  • View your current month's transactions
  • View previous statements for the last 12 months

Do I need special software to view my account online?

You can view account activity online with any of the following browsers:

  • Microsoft Internet Explorer 5.0 or later
  • Netscape 4.72 or later
  • AOL 5.0 or later

Do I need a Personal Identification Number (PIN) to use the card?

No Personal Identification Number (PIN) is needed to make signature based purchases. You must use a Personal Identification Number (PIN) for cash withdrawals at ATMs or when requesting cash back with a purchase. You choose your own Personal Identification Number (PIN) when you receive your card. For security reasons, it is important that you pick a Personal Identification Number (PIN) that only you would know. Do not share your Personal Identification Number (PIN) or the card with anyone. You should never write your Personal Identification Number (PIN) on your card.

What should I do if I forget my PIN?

Call the customer service number on the back of your card. Personal Identification Number (PIN) issues must go through ReliaCard Visa customer service.

What happens if the card is lost or stolen?

Call the toll-free ReliaCard Visa customer service number, +1 (866)-276-5114, to report a lost or stolen card. A new card will be issued and any remaining balance will be transferred to the new card. If you report the missing card immediately and have not compromised your PIN, you will not be responsible for any confirmed fraudulent activity that occurs on your card.*

How do I get my name or address changed on this account?

Call ReliaCard Visa customer service at +1 (866)-276-5114 to change your information on the account. You will also want to contact Wyoming Department of Workforce Services, Unemployment Insurance Division to change your address to ensure information about your claim is accurate.

Can someone other than the person whose name is on the card use it?

For security reasons, you should never share your Personal Identification Number (PIN) or allow anyone else to use your card.

Who do I contact if I have questions about my card?

For questions about your payments, such as when you will receive the next deposit to the card, or the amount of a deposit to the card, contact the Wyoming Unemployment Insurance Division at +1 (307) 235-3264. For all other questions about the card, contact ReliaCard Visa customer service 24 hours a day, toll-free at +1 (866)-276-5114. This number is on the back of the card.

What services does ReliaCard Visa Debit Card 24-hour customer service provide?

You can perform the following services by calling ReliaCard Visa customer service toll-free at +1 (866)-276-5114:

  • Activate the card
  • Choose/Change your PIN
  • Perform a balance inquiry
  • Review recent transaction history, including deposits
  • Report card lost or stolen and have it reissued
  • Speak directly to a representative if additional assistance is needed

Can I contact my local bank for customer service on my ReliaCard Visa Debit Card account?

No. You must direct all of your ReliaCard Visa questions to the toll-free customer service line. You may also utilize the Web site, reliacard.com, for inquiries.

How do I sign up for a ReliaCard Visa Debit Card?

When you file an unemployment insurance claim online, you will be automatically enrolled in the ReliaCard Visa program. Once your claim is set-up, a card will be sent to you.

Can I request a second card for another individual such as a family member?

No. Only the person receiving payments on the card will receive a card.

When the card is sent in the mail, what does the envelope look like?

For security reasons, the card will arrive in a plain, white, windowed envelope with a Fargo, North Dakota (ND) return address.

What information or instructions come with the card?

The card comes with:

  • Instructions on how to activate the card
  • The cardholder agreement, which discloses fees, terms and conditions
  • A welcome brochure detailing where and how the card can be used
  • The U.S. Bank Privacy Pledge
  • A Visa Purchase Security Guide to Benefits

What do I do after I receive the card?

After receiving the card in the mail, you must call ReliaCard Visa customer service at +1 (866)-276-5114 to activate the card and choose your PIN. You cannot use the card until it has been activated. Be sure to sign your name on the back of your card in ink. Your card is not valid unless it's signed.

What happens if I commit Unemployment Insurance fraud?

  1. The overpaid money must be repaid. (W.S. 27-3-409(b))
  2. A 5% penalty is added when the overpayment is set up and 5% every 6 months thereafter until the total amount is repaid. (W.S. 27-3-409(d))
  3. You will be disqualified from receiving Unemployment Insurance benefits for 52 weeks. (W.S. 27-3-311(e))
  4. You may be criminally prosecuted. (W.S. 27-3-702)
  5. If you are convicted you will be disqualified from receiving Unemployment Insurance benefits for an additional 2 years. (W.S. 27-3-702(c))

Glossary:

Disqualification - A condition, as defined in the Wyoming Statutes, which may disqualify a claimant from receiving benefits.

What do the abbreviations on my unemployment check stub mean?

  1. Totl - This is the total amount of your unemployment check before any deductions have been made
  2. Tax - If you elected to have federal withholding income tax taken out of your check, this is the amount that was withheld
  3. Sup - If you owe child support, the amount taken out of your check is listed here
  4. Earn - If you had earnings from a job this week that is greater than half your weekly beenfit amount, the amount to be deducted would be listed here
  5. OVPT - Any deductions for overpayments that you owe would be listed here
  6. Oth - Any other deductions to your check would be listed here
  7. Net - This is the amount of your check after all deductions have been made

If I have been receiving payments from Workers' Compensation, am I eligible for Unemployment Insurance benefits?

You cannot receive unemployment insurance benefits and Temporary Total Disability payments from workers' compensation at the same time. If you had a continuous period of sickness or injury which resulted in temporary total disability and you received compensation under the Wyoming Workers' Compensation law, (and you are under no other carrier), you may claim Unemployment Insurance using earnings from employment prior to your injury date.

To request this wage credit freeze, an injured worker must file Unemployment Insurance:

  1. Within 60 days following the date the notice is mailed that the injured worker is no longer eligible to receive workers' compensation benefits
  2. Within 36 months of the date of injury

Glossary:

Unemployment Insurance - A program under which a person, who is unemployed through no fault of his or her own, is paid weekly benefits based upon his or her past wages in employment covered by state or federal laws.

Wage credit freeze - If you had a continuous period of sickness or injury resulting in a temporary total compensation under the Workers' Safety and Compensation law, you may be able to claim unemployment benefits based on earnings prior to your injury date.

What does it mean to be disqualified for unemployment?

You can be disqualified for a number of reasons. These include, among others:

  • You voluntarily quit your most recent work without good cause;
  • You were discharged (fired) from your most recent employment for misconduct connected with your work;
  • You failed (without good cause) to apply for or accept suitable work as defined by Wyoming statutes;
  • After four weeks of receiving unemployment benefits, you failed to apply for or accept suitable work outside of your customary occupation which pays at least 50% of your previous wages;
  • You obtained benefits by fraud or by misrepresented material facts

Glossary:

Disqualified - A condition, as defined in the Wyoming Statutes, which may disqualify a claimant from receiving benefits.

Benefits - The monetary amount paid to an unemployed or partially unemployed worker.

Fraud - The willful misrepresentation or nondisclosure of a material fact by a claimant for the purpose of obtaining benefits to which the person is not entitled.

How do I file my unemployment claims for payment?

Weekly unemployment claims for payment are filed every two weeks (bi-weekly). You can file for weekly benefits by calling +1 (307) 473-3789 and using the Voice Response (IVR) system. You can also file over the Internet. Filing over the Internet is the recommended way to file your claim. Claims can also be filed by mailing a payorder to the Wyoming Department of Workforce Services, Unemployment Insurance Division, P.O. Box 2468, Casper, Wyoming  82601 or Faxing it to +1 (307) 473-3726. To be timely, your bi-weekly claim must be filed sometime between Sunday and Friday of the week following the second week on the claim.

Glossary:

Voice Response System - Phone service which allows you to file your continuing claims by calling +1 (307) 473-3789. The system will note for which weeks you may file. Then you will be asked to respond to questions corresponding to those on the payorder.

Payorder - The payorder is a document that is sent to you every two weeks. The payorder indicates the two weeks that you will be filing for. To claim unemployment compensation for the next two weeks, this payorder must be returned, unless you file by phone or Internet.

What happens if I go on vacation or am sick for one or more weeks during my unemployment claim?

If you have an interrupted claim for some reason other than employment and you are not in current filing status, you need to file a reopened claim. This can be done by phone or over the Internet.

Be sure to indicate "No" on your continued claim payorder form question #2 (Were you able and available for work?), as these scenarios suggest you were not able or available for work and therefore are not eligible for benefits these weeks.

Glossary:

Reopened Claim - A claim filed after a break in filing for weeks during a benefit year. This break could be caused by illness, a disqualification, vacation, or failure to report for any reason other than employment. It is not a break resulting from other employment.

Payorder - The payorder is a document that is sent to you every two weeks. The payorder indicates the two weeks that you will be filing for. To claim unemployment compensation for the next two weeks, this payorder must be returned, unless you file by phone or Internet.

What happens if I work two weeks and then need unemployment benefits again?

If you earned wages totaling more than your weekly benefit amount for two consecutive weeks you are considered employed. If you become unemployed again after the two weeks, you will need to file an additional claim. At that time you will have a new last employer and must provide separation information on that employment. This claim is still a part of the benefit year which you have already established. This can be done by phone or over the Internet.

Glossary:

Weekly Benefit Amount - The amount payable to a claimant for a compensable week of total unemployment.

Unemployment - Any week in which you perform no services and receive no wages, or work less than full-time and wages payable for that week are less than your weekly benefit amount.

Additional Claim - An additional claim is filed after a break in unemployment claims because of intervening employment within the benefit year.

Benefit Year - Your benefit year ends one year from the effective date of your claim.

Do I have to pay federal taxes on my unemployment benefits?

Unemployment Insurance benefits are considered taxable income for Federal Income Tax purposes. You have the option of having 10% of your benefits withheld and sent to the Internal Revenue Service. You may change your choice on this option once in your benefit year. You are responsible for any taxes owed on these benefits.

You will be issued a Form 1099G at the end of January showing the amount of benefits paid to you. The 1099G is not reduced by any repayments you may have made for overpaid benefits. Therefore, if you repaid any benefits, you must maintain your record of payments, such as receipts and canceled checks, to make adjustments to your taxable income and as documentation for the Internal Revenue Service when you file your tax return. Contact the Unemployment Insurance Division if you did not keep receipts and need assistance in furnishing documentation for tax purposes.

If you are paid benefits in which taxes were withheld and you are later determined ineligible for those benefits, the taxes withheld will be included as part of that overpayment and must be repaid to the Wyoming Department of Workforce Services, Unemployment Insurance Division. Taxes withheld are considered part of the benefit payment.

Glossary:

Benefits - The monetary amount paid to an unemployed or partially unemployed worker.

Benefit year - Your benefit year ends one year from the effective date of your claim.

Overpayment - An amount of benefits paid to an individual to which the individual is not legally entitled.

Can I still work part-time while receiving unemployment benefits?

Yes. You will need to report your earnings each week and continue to search for other work. Report earnings the week earned, not the week the pay is received. Report the gross amount earned (the total before any deductions, including tips) from each employer (see example below). Earnings reported are verified with employers to ensure proper benefit payments. Your weekly benefit amount will be reduced when your earnings exceed half of your weekly benefit amount. You will not be paid benefits for that week if your earnings equal or exceed your weekly benefit amount or if you work 35 or more hours that week. If you fail to report earnings or other compensations properly you could be disqualified from receiving benefits for 52 weeks. Failure to report earnings could result in an overpayment and any benefits received could be a collectible debt plus penalties owed back to the Wyoming Department of Workforce Services, Unemployment Insurance Division plus penalties. If you request that your hours be reduced, this may be considered a voluntary quit which may disqualify you from receiving benefits.

Example:

5 hours worked

Rate of pay $8.00 per hour

Gross amount earned $40.00

Glossary:

Weekly Benefit Amount - The amount payable to a claimant for a compensable week of total unemployment.

Benefits - The monetary amount paid to an unemployed or partially unemployed worker.

Overpayment - An amount of benefits paid to an individual to which the individual is not legally entitled.

Can I file an unemployment claim against another state?

Yes, if you reside in Wyoming now but most (or all) of your wages are from another state or states, you may file an interstate claim. Another state will be the liable state.

Or, if you have wages in two or more states (or the District of Columbia, Puerto Rico, or the Virgin Islands), you may request the wages be combined by transferring them to the state in which you file your claim. This is called a combined wage claim.

Glossary:

Interstate Claim - A claim filed after you have moved to a new state against the state where you had earned wages.

Liable State - The state against which a worker files a claim for compensation.

Combined Wage Claim - A claim filed in one state against wage credits in two or more states.

How did this so called overpayment occur?

Benefits are paid out based on your responses on your bi-weekly continued claim at the time of that filing. Audits are completed after benefits are paid out. If an investigation later reveals that the responses were incorrect, you will be in overpayment. Failure to respond to any audit can result in overpayment.

Why do I have to provide my work search information?

State statutes require that a claimant make at least 2 employer contacts each week. Your Claimant Guidebook informs you that you must keep written record of 1) date of contact, 2) employer’s name, 3) physical, mailing or internet address and phone number, 4) position applied for, and 5) results of the contact. Your work search record can be requested at any time. Keep this information well documented and handy.

What is an offset?

Offset means that the agency keeps your benefits to apply to an overpayment.

Can I pay with my debit or credit card?

Unfortunately, DWS is not able to process electronic payments. At this time, we must ask you to mail in a check or money order to: Wyoming DWS, PO Box 2760, Casper WY 82602.

What is Crossmatch?

A crossmatch audit compares wages reported paid by an employer to the earnings you provided when filing your bi weekly continued claim. If it is found that you misreported your earnings, an overpayment will be established and you will be required to repay the benefits you collected.

Why am I being charged a penalty on my overpayment?

According to state statute, a penalty is charged on all fraudulent overpayments. The penalty as assessed at 5% of the outstanding balance every 6 months.

Why do I get charged a new penalty each month?

The monthly statement shows the outstanding penalty balance. It is not a new penalty each month.

What do I do if I can’t pay this overpayment in full?

The agency will accept monthly payments if you can not pay in full. Simply use your monthly statement remittance coupon and envelope to send in your monthly payment.

Why is Wyoming taking my benefits when I have an overpayment in another state?

Wyoming is a member of IRORA which is an organization of states that work together to recover overpayments through offset. If another state has notified us that you have an overpayment there, we are required to offset for them.

Can the agency waive my overpayment?

Wyoming law does allow waiver of overpayments in certain situations. You must request a hardship waiver within 15 days of the overpayment notice date. Next, you must complete the application within the allowed time and meet the criteria set by law. According to state law, overpayments caused by fraud can not be waived.

What if I don’t pay?

Of course, DWS hopes that all individuals who benefitted from receiving unemployment will voluntarily repay, should an overpayment occur. If you disregard notices and refuse to pay, collection efforts include small claims or circuit court. Once judgment has been obtained, your wages or bank accounts can be garnished. Liens can also be filed on your property.

What if I don’t agree with the overpayment?

At the time the decision which denied you benefits was made, you were sent a Notice of Action on Claim. That notice provided you information on your protest rights and how to go about protesting. If you did not do so within the time allowed by law, the decision has become final and the overpayment is a collectable debt you will have to repay.

What if I did not file those continued claims?

Wyoming law states that your PIN is your electronic signature and has the same force and effect as a written signature. You are responsible for any claims that were filed using your PIN.

What if I haven’t gotten paid yet from my job?

Wyoming law states that you must report your hours and wages when you EARN it – not when you are paid. If you start a job, you MUST report your earnings when you actually do the work. Remember the question on the payorder asks “Did you work this week?” not did you get paid.

What if I didn’t get any mail from DWS?

As stated in your Claimant Guidebook, you must keep your address with the agency correct. Our mail is not forwarded, so if you move you must notify DWS in writing to update your address.

I’m not even filing. Why was I selected for an audit?

Audits can happen even after you are not filing. You will want to keep your address updated. If an audit is mailed to your address of record and the audit is not completed or returned by you, you may be in overpayment for failing to respond to the audit.

Why are the balances showing on my statement and my receipt different?

The receipt you get after making a payment or after an offset includes only the Unemployment Benefit portion of your overpayment. The statement shows the total owed for benefits overpayment, penalty, court costs and Federal Additional Compensation (FAC).

Why isn’t my penalty and Federal Additional Compensation (FAC) balance going down when you are taking (offsetting) my benefits?

DWS can offset your benefits to apply only to your overpayment balance. We can not offset your benefits to apply to penalty, court costs, or FAC. We ask you to mail in a check to pay off those balances.

Why am I charged a penalty when I am making payments?

Wyoming law states that a penalty is assessed every 6 months on fraudulent overpayments. This happens even when you are making payments. But remember, you penalty is assessed on a lower balance because you are making payments.

What if I file bankruptcy?

Make sure you list Wyoming DWS as a creditor on your filing. We will file a proof of claim.

What is NDNH?

Employers are required to report when they hire a new employee. We use that database to audit when claimants are hired. Our audit helps verify that you correctly reported any earnings you earn when first hired.

How do I prove I was on Unemployment?

The BPC unit will provide Benefit Verification letters to you to show the amount of benefits which have been paid. This letter will be sent to you and you can send copies to those who request it. You also have your monetary determination letter you received when you opened your claim.

My family member who was on Unemployment died. What do I do?

Provide a copy of the obituary or death certificate to BPC. The claim will be updated to show the claimant is deceased so no additional payments will be sent.

Why do I get so much paperwork with my unemployment?

Notices are sent to keep you informed about your claim. READ ALL DOCUMENTS THOROUGHLY and if you have questions, contact the claims center.

Why do you need my alien registration card?

To be eligible for Unemployment, Wyoming laws require that you be legal to work in the United States. Provide a copy of your registration card by fax or mail as soon as you open your claim.

How do I get a new Personal Identification Number (PIN)?

To receive a new PIN, you must send in a written request. Do not wait to file your continued claim payorder if you don’t have your PIN. There is a specific window of time to file and if you miss that time, benefits can’t be paid. Send in a written request to get a new PIN.

Benefit Payment Control (BPC) Contact Information:

  • Mailing Address:
    Wyoming Department of Workforce Services
    Unemployment Insurance Division
    Benefit Payment Control
    PO Box 2760
    Casper, WY 82602-2760
  • Telephone Number: 307-235-3236
  • Fax Number: 307-235-3277


Labor Standards

Can an employer adopt a commission policy which provides that: (a.) Employees are not eligible to receive commissions for sales which are made following an employee's termination? (b.) Employees are not eligible to receive commissions for customer payments received following an employee's termination? (c.) Employees are not entitled to receive any commission accrued after termination?

(a.) Yes.

(b.) Yes.

(c.) Yes. However, if commissions are earned per the wage agreement, all such commissions must be paid. Applicable Statute W.S. 27-4-507

Can an employer adopt a vacation policy which provides that: (a.) Unused days at the end of the year are lost (rather than being carried over or paid? (b.) Vacation days are earned only upon reaching the employee's anniversary date, and as such, no pro rata use or payment will be made if employment ceases before the employee reaches his anniversary date? (c.) New employees do not earn any vacation time until reaching the first anniversary date?

(a.) Yes, only if the employer has provided the employee full opportunity to use earned vacation days or has not refused a request to use it.

(b.) Yes.

(c.) Yes. Applicable Statute W.S. 27-4-507, and Attorneys General Opinion Number 53.

Is an employer required to provide meal and rest breaks?

Not under state statute.

If an employee were to die, what rules apply with respect to the final payment of employment wages to that worker's heirs or next of kin?

The deceased employee's heirs or next of kin shall be paid within five working days. What penalties apply if an employer does not properly pay:

  1. minimum wage? No penalties apply, however, the aggrieved employee may bring civil action for enforcement and recovery of unpaid wages together with reasonable attorney fees and cost of the action. Applicable Statute W.S. 27-4-204(a)
  2. overtime? None
  3. wages in a timely manner? It is a misdeamor and punishable by a fine of $200.00 for each day the employer fails to comply with an order to pay wages lawfully due when the order is not appealed. Applicable Statute W.S. 27-4-504
  4. If salaried supervisors, professionals, or administrative staff can be classified as exempt from eligibility for overtime pay, is that exemption lost? There is no state overtime pay requirement that provides these kinds of exemptions

What changes have there been for females concerning overtime pay?

Effective March 12, 1996, state law was amended to repeal overtime provisions for females working in certain industries. Applicable Statutes:

Is an employer required to pay overtime premium pay to employees who are employed on a public works project?

State law provides time and one-half overtime pay for all laborers, workmen, or mechanics employed upon any public works project of the state of Wyoming, or of any county, city, town, or of any political subdivision thereof for work in excess of eight hours in a day, or 40 hours in one week; however, an employee may agree to work more than 8 hours in a day or more than 40 hours in any week, provided the employee shall be paid at the rate of one and one-half times the regularly established hourly rate from all work in excess of forty hours in any one week. Applicable Statute W.S. 16-6-110.

Is an employer required to pay overtime premium pay to employees who are: (a.) salaried supervisors? (b.) salaried professionals? (c.) salaried administrative employees (d.) paid to work in the retail store on a commission basis? (e.) outside sales representatives?

  1. salaried supervisors (e.g., assistant store managers)? There is no such requirement under state statute
  2. salaried professionals (e.g., pharmacists)? There is no such requirement under state statute
  3. salaried administrative employees (e.g., executive secretaries)? There is no such requirement under state statute
  4. paid to work in the retail store on a commission basis? There is no such requirement under state statute
  5. outside sales representatives? There is no such requirement under state statute

Is it permissible for an employer to adopt personnel policies which provide that no payment will be made upon cessation of employment (whether by retirement, resignation or discharge) for unused sick days, personal days and vacation days? If so, can such a policy provide that no such payment will be made if an employee resigns without giving at least 10 days' written notice or before his or her anniversary date?

With regard to unused sick days and personal days, an employer may provide that these will not be paid upon cessation of employment. An employer may also provide that no such payment will be made if an employee resigns without giving at least ten (10) days' written notice or before his or her anniversary date. With regard to unused vacation days, an employer may not provide that this will not be paid upon cessation of employment if the employee has earned the vacation according to the time frame set forth in the employer's policy. This would allow an employer to prove that vacation pay will not be earned (or paid) before an employee's anniversary date. Applicable Statute W.S. 27-4-507, and Attorneys General Opinion Number 53.

When must the final paycheck be provided to any employee who resigns, retires or is discharged?

Within five working days of the date of termination. Applicable Statute W.S. 27-4-104(a), as amended.

If substance abuse testing or a criminal records check is required by the employer as a condition of employment, can the applicant be required to pay the cost of taking that test?

Yes.

Can an employer make deductions from an employee's wages?

  1. Cash Register Shortages? Yes, provided the promulgated rules are followed
  2. an employee's failure to repay advances of vacation, sick, or personal days? Yes, however, there is no specific offset rule addressing this
  3. an employee's obligation to repay a loan made by the employer? Yes, provided the promulgated rules are followed
  4. repay the employer because of the employee's destruction or loss of equipment or property of the employer? Yes, provided the promulgated rules are followed
  5. any other reason? Yes. Applicable Statute W.S. 27-4-104(a), as amended, and the Wage Offset Rules

If an employer wishes to change its workweek or an employee's rate or manner of pay, how much advance notice is required?

All employers are required to pay the agreed upon wage or benefit. No advance notice of a change in wage agreement is required, but such changed may not be retroactive. The form of communicating a change in rate or manner of pay is not mandated by law, however, an employer and empoyee may agree to a wage payment arrangement that is other than semimonthly. Applicable Statutes W.S. 27-4-507 and W.S. 27-4-102.

How long after a work week or bi-weekly pay period ends must employees be paid (e.g., if a work week ends at midnight on Sunday, by what date must the check be distributed)?

There is no requirement that some employers make timely payment of regular paychecks. For persons, firms or corporations engaged in the operation of any railroad, mine, refinery and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill or workshop, within the state of Wyoming, payment is required on or before the first day of each month, when the wages are earned during the first half of the preceding month ending with the fifteenth day thereof; and on or before the fifteenth day of each month when the wages are earned during the last half of the preceding month. Applicable Statute W.S. 27-4-101.

Can employees be required to accept direct deposit of their paychecks?

No. However, there is nothing prohibiting an employer of depositing wages due in an account in any financial institution authorized by the United States or any state if the employee has voluntarily authorized such request. Applicable Statute W.S. 27-4-101(b).

If a payday falls on a weekend or holiday, when must paychecks be distributed?

There is no requirement for timely payment of wages if a payday falls on a weekend or holiday. For employers who fall under the requirement to make wage payments semimonthly, if the first or the fifteenth of the month occurs on a day which is not a working day, the last preceding working day shall be the payday for all personnel who are paid at one location. Applicable Statute W.S. 27-4-101(a).

How frequently must employees be paid?

For most employers, there is no timely payment requirement of regular wage payments. For persons, firms or corporations engaged in the operation of any railroad, mine, refinery and work incidental to prospecting for, or the production of, oil and gas, or other factory, mill, or workshop, within the state of Wyoming, shall, on or before the first day of each month, pay the employees the wages earned by them during the first half of the preceding month ending with the fifteenth day thereof, and on or before the fifteenth day of each month pay the employees thereof the wages earned by them during the last half of the preceding month.

  1. Is it different for exempt or non-exempt workers? The law provides that employers who fall under the requirement to make wage payments semimonthly may make payment at a later date to employees who are absent on the regular semimonthly pay date. Employers not engaged in operations described in response to question #2 are not required to make regular wage payments to employees. Agricultural operations are specifically exempt. Also, employers who fall under the requirement to make wage payments semimonthly are required to pay employees who are suspended as a result of a labor dispute, or when an employee is temorarily laid off, on the next regular payday
  2. Is it different for employees paid above or below a certain wage level? No
  3. Is it different for hourly or salary paid staff? No. Applicable Statute W.S. 27-4-101

What is the state's minimum wage?

$5.15 per hour.

  • Is it different for part-time or full-time employees? No
  • Is it different for weekend or holidy work? No

What is the state's minimum payment with respect to an employee garnishment?

There is no minimum payment set by state law. The maximum payment is defined under W.S. 40-14-505.

How do I file a wage dispute against my employer?

Go to this application. It will assist you with filing a claim for wages against your employer. If you lose your connection, or need to complete your application some other time, you will be assigned a pin number that will allow you to do this. Once your claim has been submitted, you will not be able to edit your information without contacting the Labor Standards office directly at +1 (307) 777-7261.