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Lifetime Monetary Benefits
Permanent and Total Incapacity Compensation
Entitlement: Total and permanent incapacity for work is defined by Virginia regulations as “the loss of both hands, both arms, both feet, both legs, both eyes, or any injury for all practical purposes resulting in total paralysis.” If the incapacity is due to paralysis, that must be determined by the Virginia Workers’ Compensation Commission based on medical evidence. Incapacity can also be due to a serious brain injury which is so severe that the employee becomes “permanently unemployable in gainful employment. An employee whose injuries meet these criteria is presumed by the Commission to be totally and permanently incapacitated. Benefits to these workers are paid at 2/3 of their average weekly wage. The normal 500 week limitation is not applicable to these benefits, which are paid for the worker’s lifetime.
Capacity to Work: In determining loss of use, an injured person’s capacity to undertake paid employment must be considered, unless they have suffered a total loss of use of each given member of their body. Total loss of use is defined in the law as meaning that the injured worker is unable to use the member of their body to any substantial degree in paid employment.
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Blog- 2 Types of Common Workplace Head Injuries in VirginiaWhile some common workplace injuries may be relatively mild, accidents causing workplace injuries involving head trauma can be severe, life-changing events. If you or someone you love has sustained a serious injury, consider working with a Virginia work injury lawyer as you begin going through the Workers’ Compensation claim process to make sure each aspect […]
- Virginia Workers’ Compensation Law: Protecting Your ClaimWhen you suffer a workplace injury, it’s important that you be honest with your Richmond attorney amid settling your workers’ comp claim. If you misrepresent your activity level, your dishonesty could ruin your credibility and damage your claim. Be advised that a workers’ comp doctor or physical therapist will sometimes give fake diagnostic tests to […]
- Beware of Insurance Adjuster When Settling Your Virginia Workers’ Comp ClaimOne of the biggest mistakes you can make in settling a workers’ comp claim is trusting that the insurance adjuster will do the right thing. You might not realize, however, that insurance adjusters get bonuses and recognition when they save the company money. This is typically done by downplaying injuries and denying claims. Therefore, you […]
- 2 Types of Common Workplace Head Injuries in Virginia