Can You Get a Cost of Living Adjustment

A: Yes.  However, there are two requirements.

First, you must be under an open award for temporary total disability benefits with the Virginia Workers’ Compensation Commission on or before July 1 of the year you are seeking the Cost of Living Adjustment, also known as COLA.

Second, you must provide documentation from the Social Security Administration, in the form of a form that is signed by a Social Security representative, stating that you are not receiving Social Security Disability benefits. Here is a link to the form from the Virginia Workers’ Compensation Commission’s website:   COLA form.   If you are receiving Social Security Disability benefits, you will only be entitled to COLA if the sum of your Social Security Disability benefits and your temporary total disability benefits are less than 80% of your pre-injury average weekly wage. (This threshold only applies to Social Security Disability not Social Security Retirement benefits. If you are receiving Social Security Retirement, you will be entitled to COLA. These requirements apply every year that you are seeking COLA. Once you meet these requirements, COLA will be applied on October 1. Here is a link to the COLA calculator download from the Virginia Workers’ Compensation Commission’s website:  COLA calculator.  We can help you determine if you are entitled to this benefit.