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When workers are injured on the job in Virginia and they are covered by workers’ compensation insurance, they are entitled to certain benefits. While all workers are entitled to reimbursement for all necessary and reasonable medical expenses, some workers may also be able to recover wage replacement benefits. Here’s a look into wage replacement benefits and when they are available in a workers’ compensation claim. For help managing your claim, contact workers’ compensation lawyer Mr. Hoen at Hampton Injury Law PLC today.
There are four primary types of wage replacement benefits in a Virginia workers’ compensation claim:
The amount of wage replacement benefit that an injured worker will receive is dependent upon the extent of disability. Temporary disability benefits are only paid once a worker has missed more than seven days of work. If the worker has to miss 21 days or more, the first seven days will be paid as well. These benefits (both temporary partial and temporary total) can be paid for a maximum of 500 weeks, until the worker is able to return to work/return to the position they had prior to the accident, or until maximum medical improvement is reached. For temporary total, benefits are paid at a rate of 66 ⅔ percent the injured worker’s average weekly wage prior to the accident; temporary partial benefits are paid at a rate of 66 ⅔ percent the difference between the worker’s previous wage and the worker’s new wage (assuming the worker is now earning less due to the disability).
Permanent partial and total disability benefits are handled slightly differently. For permanent total disability, benefits will be paid at a rate of 66 ⅔ percent of the injured worker’s wage prior to the injury for life. If the disability is partial, the wage replacement rate is the same, but the benefits will be capped for a number of weeks dependent upon the established schedule. For example, the loss of use of a thumb is assigned a different number of weeks than the loss of use of a leg.
If a workplace injury prevents you from returning to work for more than seven days or results in you having to do light-duty work at a lower wage than you were earning prior to the accident, you may be entitled to wage replacement benefits. To learn more about wage replacement benefits and how to recover the amount you’re entitled to, contact our experienced workers’ compensation attorney at the law offices of Hampton Injury Law PLC. Mr. Hoen will work hard on your behalf to maximize your workers’ compensation settlement.