A: If you have work restrictions of some kind that prevent you from doing the job you were doing before you were hurt and you find that you are earning less than you were earning before your injury (as a result of less hours, a reduced hourly rate, or both) you may be entitled to partial compensation, called temporary partial disability benefits. This type of compensation is determined by the average of what you were earning before taxes weekly before your injury (your pre-injury gross average weekly wage) and subtracting what you are earning before taxes (gross) after your injury. You are then paid 2/3 of the difference.
You cannot refuse to return to work solely based on reduced wages if your employer is able to accommodate your physical restrictions. Doing so will jeopardize your entitlement to continued workers’ compensation wage benefits.
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.