What type of benefits do I get from Workers’ compensation?

That would be lost wages.  The legal term for lost wages is temporary total disability benefits:  These benefits occur when an employee is taken totally out of work by his doctor.  A worker is entitled to two-thirds of his pre-injury average weekly wage for a maximum of 500 weeks (9 ½ years).  This does not mean you will get 500 weeks.  What it means is that if the doctor keeps you out of work up to 500 weeks you will be able to receive two-thirds of your average weekly wage.  What the doctor says goes.  It does not matter if the insurance adjuster thinks you can work or if you believe you cannot work, the doctor determines whether or not you can be deemed totally out of work.  The average weekly wage is determined by the last 52 weeks of employment.  It includes bonuses, overtime, uniforms, meals, etc.

On July 1, 2011, the maximum weekly compensation rate was $905.00.  This means that if 2/3 of your average weekly wage is $950.00 (or any amount higher than $905.00), you will only get $905.00 per week and not 2/3 of your average weekly wage.


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.