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What are lifetime benefits in a Virginia Workers’ Compensation claim?
There are a certain compensation guides to receive benefits from work comp claims. Lifetime benefits are essentially similar to temporary total disability benefits, but without the restriction of 500 weeks’ wages. Instead, wages are paid for the duration of the injured worker’s life. For more information, speak with a Virginia workers compensation lawyer about your eligibility for work comp claims.
When you’re injured on the job, you’re allotted up to 500 weeks of two-thirds your average weekly wage, which is determined by your wages for the last 52 weeks, including bonuses, commission and other such financial considerations. You’re not guaranteed 500 weeks of your two-thirds wage, but that is the maximum amount of temporary total disability benefits you can receive, as long as your doctor says you can’t return to work.
However, if it’s determined that you’re unable to return to work, that cap of 500 weeks is lifted.
According to Virginia Workers’ Compensation laws, if you lose the use of both hands, both arms, both feet, both legs, both eyes, or suffer any injury that results in total paralysis or severe brain damage that prevents you from being able to work, you’re eligible for lifetime benefits.
In general, if you lose your ability to work entirely because of an injury you suffered on the job, you could be eligible for lifetime benefits. It’s crucial that you speak with a Virginia Workers’ Compensation lawyer who can help you determine whether or not you qualify for work comp claims, and what compensation you may be entitled to for your injury.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with your work-related injury claim, a Virginia workers comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order one of our FREE compensation guides, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Virginia workers’ compensation lawyer at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
Benefits of Workers’ Comp in Virginia: Lost Wages
Workers Compensation case law in Virginia is very specific about the benefits that employees who have been hurt in a work-related injury are entitled to. If you are filing a work related injury claim for Workers Comp in Virginia, speak with an attorney who may be able to help guide you through the process.
Lost Wage Benefits in a Work Related Injury Claim
Lost wages – or in legalese, temporary total disability benefits – are given when an employee is removed from work by his or her physician. The benefits, which are part of Workers’ Comp in Virginia, entitle the employee to two-thirds pre-injury average weekly wages for up to a maximum of 500 weeks.
Average weekly wages are determined by your last 52 weeks of work and include expenses such as meals, uniforms, bonuses and overtime. The maximum you will be awarded is $905.00, so if you earned more than $1357.00 a week, you will still only receive $905.00 instead of two-thirds of your wage.
These benefits go into effect after you have, on your doctor’s authority, been out of work for 7 days, and after you have been out of work for 21 days, you will be reimbursed for the first 7.
In most cases, 500 weeks is enough time to recover from an injury and return to work, but in some tragic cases, even after 500 weeks, an injured worker may not be able to return to his or her job, and the 500 weeks of lost wages is insufficient to cover the remaining lifetime of expenses.
If you are filing a work related injury claim, it’s important that you know how Workers’ Compensation case law will impact you. How your claim is handled could dictate a large portion of your future earnings and most certainly how your injury and injury-related expenses are handled. An attorney who practices workers comp in Virginia may be able to help.
According to Workers’ Compensation case law, injured employees are entitled to lost wages when they are no longer able to work. Speak with an attorney who has handled Workers’ Comp in Virginia before and can explain to you your rights and entitlements.
Take note that these are not the only benefits that an injured employee is entitled to through a work related injury claim. If you don’t ask for your benefits, however, it is unlikely that either your employer or the insurance adjuster will suggest or offer those benefits to you.
Other Entitlements Under Workers’ Compensation Case Law
In some cases, your doctor may authorize you for light duty, which may mean you are not making as much money as you were making before your injury. In these instances, you are allowed two-thirds the difference between your pre-injury weekly wage and your current wage.
In addition, you are entitled to cost of living adjustments (COLA) every year. COLA is determined by the consumer price index, which measures the cost of necessary goods and services that fluctuates each year due to inflation or the stability of the economy. These adjustments, while appearing small, can make a considerable difference when you are relying on a fixed income. As a caveat, if you are receiving Social Security disability benefits, you are not entitled to COLA.
In order to receive the benefits you are entitled to, it is crucial that you ask. In many cases, an insurance adjuster will not tell you that you are eligible for COLA or for other benefits, largely due to the insurance company’s primary objective: to distribute as few funds as possible. While it’s unfortunate that the system is constructed to work this way, you do not have to be the victim of a company’s bottom line.
Contact a Workers’ Comp Virginia Attorney about Your Work Related Injury Claim
When you have difficulties with filing a workers’ compensation claim, a work comp Virginia attorney can bear some of the burden. To get back on your feet, whether it means getting back to work or receiving the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
What does it mean that my Virginia work injury or work related disability has to have arisen from employment?
A Virginia work injury or work related disability must have arisen from employment. Work compensation claims are filed when an individual is injured while on the job. For compensation help in Virginia, you would benefit from speaking with an attorney in Virginia who has experience with work injury cases.
Some situations are pretty clear. If you are injured while on your way to your job, you would not be covered by workers compensation. If you have a pre-existing condition, such as knee trouble, and it gives out on you while you are working, this wouldn’t be considered a work related disability either.
Work compensation claims can only be filed if your injury was caused by a specific condition at work. For example, if you were operating heavy machinery and you lost a limb, this would be covered. If you suffered a strain injury in your back due to the repetitive motion of lifting boxes as part of your job duties, then you would also be covered.
Anytime you hurt yourself at work it is important that you immediately report it. You must also be able to tell your employer what caused the accident and injuries. This will help in determining if it was a work related injury or not.
Not every work injury case is the same. If you need compensation help in Virginia, then it would be in your best interest to seek help from an attorney who handles Workers Compensation claims. It is the best way to ensure that you will be treated fairly and receive the compensation that you are entitled.
Get Help With a Virginia Work Related Disability
When you have difficulties with your work-related injury claim, a Virginia work injury compensation lawyer can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
10 Employment Rules during Your Virginia Workers’ Compensation Case
A Virginia Workers’ Compensation claim can become complicated when you’ve been injured while on the job but are expected to continue working. In some cases it might be ruled that while you can’t return to work after an injury doing what you did before, you can be put on light duty.
If your employer doesn’t have light duty work for you to do, then you’ll need to look for other employment that falls within the restrictions your doctor has placed on you. If you’d like to learn how best to protect your rights, you would benefit from speaking with a Virginia work injury compensation lawyer.
When You Return to Work after an Injury: Employment Rules
If you’re ordered to look for work, you’ll be expected to follow certain employment rules. To fully understand what’s required when you receive Workers Compensation, you should consult with a Virginia work injury compensation lawyer.
The first rule is that if you fail to look for work, even if for some reason you weren’t aware that you needed to, you won’t receive Virginia Workers’ Compensation payments.
The second rule is that even though you’re still employed by your employer, you’ll need to apply for unemployment benefits. Eligibility isn’t guaranteed but if you do qualify, your weekly unemployment benefit rate may be reduced.
The third rule is that you must keep documentation related to all the jobs for which you applied. If you fail to write down all of the places you’ve sought employment, this could also affect your collection of Virginia Workers’ Compensation payments.
The fourth rule is that even if you don’t own a computer, you can’t just apply for jobs in person. You’ll need to borrow someone else’s computer or use one at a library in order to apply for work online.
The fifth rule is that if you do own a computer, it doesn’t mean you can only apply for jobs online. You must also apply for jobs in person. This can be tricky since many places of employment require job applications to be completed and submitted online. That’s why you should contact an injury compensation lawyer to help you through the process.
The sixth rule is that you must look for a minimum of 5 jobs each week, despite how troubled the economy is nationwide or in your community. Don’t count on pointing to statistics that show how many workers are out of a job in Virginia. The unemployment rate doesn’t impact your Virginia Workers’ Compensation payments in any way.
The seventh rule is that you can’t use the excuse that you don’t have adequate work skills or you’ve already been searching for months. Even if you have high hopes to return to work after an injury at the same place you were previously employed, you’re still required to search for employment.
Your attorney is the best bet to help you understand how your work skills will impact the strength of the claim.
The eighth rule is that you must be relentless in your pursuit of a job. Even when you want to give up, remember that the safety of your Virginia Workers’ Compensation case requires you to always keep looking. This can be very frustrating, certainly, but in the end, your claim is best served by your ability to stick to it.
The ninth rule is that you can’t avoid applying to certain jobs because you don’t see any listed that pay high enough salaries. Even if you only see listings for jobs that pay less than what you are used to making, you must continue to look for employment.
The tenth rule is that you should strongly consider seeking help from a Virginia work injury compensation lawyer. The requirement to return to work after an injury can seem like an overwhelming task. This is especially true in our difficult economy. However if you want to protect your rights, then you will need to comply. A Virginia work injury compensation lawyer can help with every aspect of your claim for Virginia Workers’ Compensation.
Contact a Virginia Work Injury Compensation Lawyer
When you have difficulties with your Virginia Workers’ Compensation claim, a Virginia work injury compensation lawyer can bear some of the burden you’ve been placed under. To get back on your feet, whether it’s to return to work after an injury or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
What are vocational rehabilitation benefits in a Virginia Workers’ Compensation claim after a work related accident in Virginia?
After a doctor has cleared you for “light duty” following a work related accident your employer’s insurance company may propose “vocational rehabilitation.” For injury help in Virginia for accident work compensation, contact a Workers’ Comp attorney.
Vocational rehabilitation after a work related accident is meant to accomplish 2 ends – to return the injured worker to some form of employment and to mitigate the expenses of the employer in terms of accident work compensation payments, as a result of the injury. If you need, a lawyer who has handled Workers’ Compensation cases like yours before may be able to help.
It’s important to realize that, as far as the insurance company and employer are concerned, the chief object of vocational rehabilitation is to legitimately end the distribution of disability payments by getting an injured employee back at work in some capacity.
This doesn’t mean that the employer or insurer is interested in helping you find a job that’s interesting or useful to you.
Your rehabilitation may include:
- an evaluation of your skill set;
- job coaching;
- training or development; and
- other job-related counseling or education.
Certain things will be taken into consideration when the rehabilitation provider is conducting a job search:
- your wage level;
- previous position; and
- transportation should be taken into consideration.
If you’ve been injured in a work related accident and are pursuing accident work compensation, you don’t need to go it alone. Assistance is available for you in your time of crisis. For injury help in Virginia, contact a workers’ compensation attorney who will treat you with compassion and handle your case with conviction so you receive a fair amount of accident Workers’ Compensation.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with filing a workers’ compensation claim, a Virginia work comp attorney can bear some of the burden. To get back on your feet, whether it means getting back to work or receiving the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Workers’ Comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
The 5 Steps in a Workers’ Compensation Claim in Virginia
One of the most common questions that any Workers’ Compensation attorney in Richmond, VA, is asked is, “How does workers’ compensation work?” There are many important elements in a Workers’ Compensation claim, but two of the most relevant to you, the worker, involve Virginia’s (Workers’ Compensation) statute of limitations, and the timeline of necessary steps involved in a work injury claim.
How Does Workers’ Compensation Work? The Process after an Injury
First, after you’ve been injured on the job, you should immediately report the injury to your employer. Even if the injury seems relatively minor, like a small fracture or a flesh wound, report it at once and file a claim.
Time is of the essence when it comes to filing a claim for Workers’ Compensation. The statute of limitations in Virginia only gives you a narrow window of time in which to claim your benefits. The longer you wait to file, the less likely it is you will get the full benefits you would otherwise be entitled.
Second, your employer will file what’s called a “first report of accident” with their Workers’ Comp insurance provider, who forwards that information to the Virginia Workers’ Compensation Commission.
Third, your employer’s insurance carrier will then attempt to contact you by phone to get a recorded statement. Your attorney in Richmond, VA, will generally recommend that you do not provide a recorded statement. Typically, insurance adjusters attempt to use this recording to take statements you make out of context or to catch you on a small detail to outright deny your claim and benefits.
Before you speak with an insurance adjuster, it’s highly advisable to speak with an attorney in Richmond, VA who can answer your questions about: your right to Workers’ Compensation; the statute of limitations in Virginia and how it affects your Workers’ Compensation claim; and what to be on the lookout for when dealing with your employer and their insurance provider.
If you’ve been injured on the job, you deserve justice and fair compensation, so contact a lawyer today.
When you’ve been injured on the job, you may find yourself asking co-workers and friends, “How does Workers’ Compensation work?” If you’ve been hurt, don’t waste time getting secondhand answers. Speak with a Workers’ Comp attorney in Richmond, VA, who can give you legal advice about your case, such as how Virginia’s (Workers’ Compensation) statute of limitations can affect it.
How Does Workers’ Compensation Work? The Process after an Injury
Fourth, after you have spoken with the insurance adjuster, it’s important that you make sure you have received a claim for benefits form from the Virginia Workers’ Compensation Commission. If you have not, you should request one. In some cases, insurance companies will make voluntary payments without filing the first report of injury with the Commission.
It is crucial that you obtain and file this claim for benefits form, which puts the insurance company under certain legal restrictions. The Commission will submit a 20-day order to the insurer, giving them 20 days to address whether or not they are accepting or denying the claim and provide an explanation if they are denying it.
This benefits you. If the insurer just makes voluntary payments without an official award order, they can stop at any time and you’d have to start from scratch, proving your injury.
Fifth, if the insurance carrier accepts your claim, then you will begin receiving two-thirds your average weekly pay and you will be presented with a panel of three physicians from which you may choose one to be your attending Workers’ Comp doctor who will conduct examinations and determine when you are able to go back to work.
If you encounter any problems in this process or if you feel that your doctor orders you back to work before you are fully healed, you should speak with an attorney in Richmond, VA, immediately.
Contact an Attorney in Richmond, VA, about Your Work Related Injury Claim
When you have difficulties with your work-related injury claim, a Workers’ Compensation attorney can bear some of the burden. An attorney can answer your questions, such as “How does Workers’ Compensation work?” or “How will the Virginia Workers’ Compensation statute of limitations affect my claim?”
To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers’ Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
What are some of the factors that may make it advantageous to settle my Virginia Workers’ Compensation case?
After a job related injury in Virginia, there may be some instances in the course of your Virginia’s Workers’ Compensation case in which it is in your best interest to accept a settlement, but you should never do so without first speaking to a Workers’ Comp law attorney.
There are a number of reasons to settle a Virginia Workers’ Compensation case. For instance, going to trial can be expensive and you may find a lump sum appealing.
It is important to take into consideration, however, that accepting a settlement waives your employer and your employer’s insurer of any liability to pay your future lost wages or medical benefits, so you should never make this decision without speaking to a Workers’ Comp law attorney.
Neither side can force a settlement agreement, so you are under no obligation to accept an offer the insurance company makes. Each settlement must also be approved by the Virginian Workers’ Compensation Commission, which will approve only settlements that serve the best interest of injured workers.
You should always speak with an attorney before you make any decisions pertaining to your Virginia Workers’ Compensation case. You are more likely to receive a larger settlement offer from the insurance company if you have an attorney involved in the process, and the standard attorney’s fee on a settlement is 20%.
Consultations with a Workers’ Comp law attorney are no-cost and no-obligation, so speak with one today to determine your best course of action pertaining to your Virginia Workers’ Compensation case.
Contact a Workers’ Comp Law Attorney about Your Job Related Injury in Virginia
When you have difficulties with your Virginia Workers’ Compensation case a Workers’ Comp attorney can bear some of the burden. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
What are lifetime benefits in a Virginia Workers’ Compensation claim?
There are a certain compensation guides to receive benefits from work comp claims. Lifetime benefits are essentially similar to temporary total disability benefits, but without the restriction of 500 weeks’ wages. Instead, wages are paid for the duration of the injured worker’s life. For more information, speak with a Virginia workers compensation lawyer about your eligibility for work comp claims.
When you’re injured on the job, you’re allotted up to 500 weeks of two-thirds your average weekly wage, which is determined by your wages for the last 52 weeks, including bonuses, commission and other such financial considerations. You’re not guaranteed 500 weeks of your two-thirds wage, but that is the maximum amount of temporary total disability benefits you can receive, as long as your doctor says you can’t return to work.
However, if it’s determined that you’re unable to return to work, that cap of 500 weeks is lifted.
According to Virginia Workers’ Compensation laws, if you lose the use of both hands, both arms, both feet, both legs, both eyes, or suffer any injury that results in total paralysis or severe brain damage that prevents you from being able to work, you’re eligible for lifetime benefits.
In general, if you lose your ability to work entirely because of an injury you suffered on the job, you could be eligible for lifetime benefits. It’s crucial that you speak with a Virginia Workers’ Compensation lawyer who can help you determine whether or not you qualify for work comp claims, and what compensation you may be entitled to for your injury.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with your work-related injury claim, a Virginia workers comp attorney can bear some of the burden you’ve been placed under. To get back on your feet, whether it means getting back to work or getting the benefits you deserve, order one of our FREE compensation guides, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a Virginia workers’ compensation lawyer at the Injured Workers Law Firm for a no-cost consultation – 1-877-755-7744 or 1-804-755-7755.
Seeking Virginia Workers’ Compensation Benefits After a Workplace Injury
A workplace injury can have a severe impact on your day-to-day life, not to mention the many ways in which an injury can interfere with your work responsibilities. You can take action, however, by filing a Workers’ Compensation claim. A Virginia Work Comp attorney can help guide you through this process.
The results of a workplace injury are many, including:
- mounting medical debt;
- missed time from work;
- depression; and
- anxiety – all of these can chip away at a person’s sense of self and conviction.
In order to qualify for Virginia work comp benefits, there are certain actions you must take following the incident that gives rise to your injury.
Report the Workplace Injury
After an injury occurs, you must report it immediately to your employer, even if it seems minor at the time. After your employer has been notified, it is his or her responsibility to file a report of the accident with the Workers’ Compensation insurance provider.
After the report has been received by the Workers’ Compensation insurance carrier, an adjuster will contact you with questions pertaining to your injury and the accident that caused it.
In most cases, the adjuster will ask to record your statement. It’s not recommended that you comply with this request. There is nothing wrong with refusing a recorded statement, and the adjuster can just as easily take notes.
Once this has happened, you will begin receiving two-thirds wages and be reviewed by a 3-doctor panel. It is important to remember that the burden of proof rests on you.
The insurance carrier and your employer have no obligation to explain their decisions to you, so it is your responsibility to demand your full rights and entitlement.
A workplace injury can wreak havoc on your social, professional, and financial life, so it’s important that you begin the process of filing a Workers’ Compensation claim as soon as you’re able. In Virginia, Work Comp laws can be confusing and tricky, so it’s useful if you speak to a lawyer who knows the system and can help defend your rights.
Benefits You’re Entitled after a Workplace Injury
If it is demonstrated that you have suffered a workplace injury that is compensable, you may be eligible for certain benefits, depending on the circumstances of your injury and disability:
- Lost wages – depends on the nature and permanency of your injury. The most common is temporary total disability and you are eligible for up to 500 weeks to receive two-thirds your weekly wage (or average weekly wage) before your injury.
- Medical benefits – your employer is required to cover your medical expenses related to the injury for as long as is deemed necessary by the doctor. You have the option to choose which doctor from the 3-doctor panel you would like to treat you.
- Vocational rehabilitation – the goal of vocational rehabilitation is to get the employee back into some kind of employment and to relieve the burden of Workers’ Comp payments from the insurance carrier and/or employer.
- Death benefits – should an employee die, dependents are entitled to funeral expenses and 500 weeks of two-thirds pay.
- Lifetime benefits – in certain instances, an injured worker may be permanently disabled in such a manner that renders him or her unable to work again. It’s important to speak with a Virginia work comp attorney if you believe these circumstances may apply to you.
If you have suffered a workplace injury, you should begin the process of filing a Workers’ Compensation claim immediately. Speak with an attorney who can help you get through the process.
Contact an Attorney about Your Work Related Injury Claim
When you have difficulties with filing a Workers’ Compensation claim in Virginia, a work comp attorney can bear some of the burden. To get back on your feet, whether it means getting back to work or receiving the benefits you deserve, order a copy of our free book, the Ultimate Guide to Workers’ Compensation in Virginia, and contact a workers’ comp attorney at the Injured Workers Law Firm for a no-cost consultation – 877-755-7744 or 804-755-7755.
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