Virginia workers compensation has limits or caps on lost wages. The workers compensation insurance company pays Temporary Total Disability or TTD benefits to injured workers when the doctor has placed them out of work. However, the benefit rate is capped. Benefits are paid to injured workers at a compensation rate that is 2/3rds of their average weekly wage, except for when the injured worker’s wages fall below the minimum compensation rate or above the maximum compensation rate. In these situations, the insurance company will pay the injured worker at the rate the Commission has set forth. I’ve listed the minimum and maximum compensation rates for the last 10 years below.
Year Minimum Rate Maximum Rate
2014 $241.75 $967.00
2013 $238.75 $955.00
2012 $233.75 $935.00
2011 $226.25 $905.00
2010 $221.25 $885.00
2009 $223.75 $895.00
2008 $210.25 $841.00
2007 $204.00 $816.00
2006 $193.25 $773.00
2005 $184.00 $736.00
2004 $176.50 $706.00
To see the entire chart, follow this link.
This means that if you make more than $1500 gross wages a week, you will only get $967 a week based on the maximum pay rate. For example, if you made $2100 a week, 2/3rds would be $1400 a week but because of the above caps you can only receive $967 per week (2014) which is less than 50%! On the opposite end, if you made $300 gross wages a week, 2/3rds of of that would be $200 (the “comp rate”) a week. But because of the above minimum rate, the insurance company would actually have to pay you $241.75 a week. Another little catch is that if you only make $200 a week (less than the mandatory minimum), you would not get a reduction at all but would get $200 a week in temporary total disability benefits.
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.
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.