• Injured at Work? What Now?

    If you have been injured in a workplace accident, here are several important steps you must take to get compensation for your injuries and lost wages.

    Learn More Request Free Consultation
  • Trouble With Your Workers Comp Claim?

    If you have questions about your claim or if your worker's compensation claim has been denied our attorneys can help.

    Learn More Request Free Consultation
  • What's Your Claim Worth?

    Not all work injuries claims are the same, some are worth more than others. We can help get you the most out of your claim.

    Learn More Request Free Consultation
  • Do You Need an Attorney?

    Not sure if you need an attorney? Call us today and speak with an attorney for free. We can help answer your questions and get you on the right track.

    Learn More Request Free Consultation

How to Calculate Your Workers Compensation Lost Wage Benefits

How Long Will You Be Able to Get Your Lost Wages Checks?

The answer in general is up to 500 weeks, and that’s about 9 and 1/2 years. So if you’re 30 years old and seriously injured, that means by the time you’re 40 your workers comp check will be cut off, so it is not a guarantee that you’ll be taken care of for a long period of time.

The reality is is that most people never get to 500 weeks, because if the doctor says you can do some type of work weather it is a work restriction of no lifting over 2 pounds and or working no more than 2 hours a week, if the insurance carrier can find you a job within those work restrictions, then you are back at work.

How to Calculate Your Earnings

Under the Virginia Workers Compensation Act,  lost wages are one of the benefits you can receive.  When the doctor has you completely out of work, the lost wage benefit you can receive is called Temporary Total Disability (or TTD).  

I have put together some instructions to help you calculate the amount of your Virginia workers compensation lost wage/TTD benefits.

Calculate Your Earnings

Collect all of your pay stubs for the 52 weeks prior to your injury (this includes overtime, per diem pay, bonuses and commission). Calculate your total gross earnings (not your take home pay) over that 52 week period and divide the total gross earnings figure by 52. The resulting amount is your average weekly wage as defined under the Virginia Workers Compensation Act. Your average weekly wage will be used to determine other benefits as well (such as Permanent Partial Disability or Temporary Partial Disability) so it is good information for an injured worker to have, even if the doctor has not taken you out of work.

If you do not yet have 52 weeks of employment, a figure will be derived using the earnings of the similarly employed person at your place of work or in the local area.

Initial Lost Wage Compensation Rate

Lost Wage BenefitsMultiply your average weekly wage by 66.66 percent (or 2/3rds for easy estimation). The resulting figure is your initial lost wage compensation rate, which is subject to certain adjustments as described below. This is the lost wage benefits rate that workers compensation insurance company will be paying you and it will also be the rate that all future calculations will be subject to.

Virginia Workers Comp Benefits Chart

Take a look at the Compensation Benefits Chart. This chart lists the minimum and maximum wage compensation amounts for each calendar year past to present, as set forth by the Virginia Workers Compensation Commission. If your initial lost wage benefits compensation rate amount falls inside the range listed, you will receive the calculated amount in weekly benefits (or TTD), for as long as the Commission allows and if your worker’s compensation doctor has you out of work. If your initial lost wage compensation rate falls outside this range, it will be adjusted accordingly based on the minimum or maximum rates.

If you would like more information on the Virginia workers compensation system, order my book, “The Ultimate Guide to Workers’ Compensation in Virginia” by clicking this link, or call our office today (804) 755-7755.

About the Author:

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.