You may not be limited to 500 weeks of benefits in a workers compensation claim in Virginia if you qualify for permanent total disability benefits.
You may not be limited to 500 weeks of benefits in a workers’ compensation claim in Virginia!
People often ask me, “If I am still disabled and can’t work, what will I do since my 500 weeks are about to run out?”
My answer is, I may be able to get you a weekly check for your lifetime.
These additional benefits are called permanent total disability benefits.
In general, an injured worker can receive two-thirds of their average weekly wage for 500 weeks which is about 9.5 years, as long as they can’t work due to their work injury.
A situation that might entitle an injured worker to more than 500 weeks of wages would be an injury so severe that they would lose the use of both arms or both legs. Think of someone who might be paralyzed, either a paraplegic or a quadriplegic.
However, it really doesn’t mean a complete loss but rather a significant limitation.
For example, if a doctor gave a 17% loss of use in one leg and a 20% loss of use in the other leg, even though my client is still walking, I was able to get them lifetime weekly comp benefits.
Brain injuries are also eligible for lifetime comp benefits, however, it needs to be a brain injury bad enough that you can’t work.
What I have started becoming a bit more aware of and understand is that even a minor concussion can be a brain injury.
There are varying degrees of function with brain injuries, so you don’t need to be in a coma or unable to speak.
Maybe you have a short term memory issue that prevents you from being a reliable employee – this type of situation may qualify you for lifetime benefits.
If you have questions about whether or not you qualify for lifetime lost wage benefits, call us at at The Injured Workers Law Firm and we’ll work with you to get the benefits you deserve.
The Injured Workers Law Firm is focused on serving clients with workers’ compensation claims throughout Virginia.For answers to your questions about benefits download our book, The Ultimate Guide to Workers’ Compensation in Virginia or call our office today (804) 755-7755. The Injured Workers Law Firm, serving Fredericksburg, Virginia Beach, Manassas, Charlottesville, Fairfax, Hampton Roads and all of Virginia.
About the Author: Michele Lewane
The Injured Workers Law Firm is a Richmond, Virginia based firm solely focused on serving clients with workers' compensation claims in Virginia. If you have questions about your benefits or if you would like more information on the Virginia workers’ compensation system, order our book, “The Ultimate Guide to Workers’ Compensation in Virginia” , or call our office today (804) 755-7755.