How Are Workers’ Comp Benefits Calculated in Virginia?

After a serious work accident, you may need Workers’ Comp to cover your expenses. But how is Workers’ Comp calculated in Virginia? That can be tough to answer without the right tools.

Luckily, Pathfinder Injury Law has what you need to understand your Workers’ Comp benefits. If you’re not sure what your claim is worth, talk to your lawyer about your benefits and the other details you may need below.

Your Capacity to Work

First, the Workers’ Comp you receive will depend on whether you’re able to work at all. For example, you may have broken your leg in a Virginia work accident. You may be unable to perform all the necessary duties for your original job. But you can sit at a desk, making you able to do some work after all.

In these cases, you may receive both a paycheck and benefits that cover a portion of the difference between that paycheck and your original income. You may receive benefits to help offset loss of income when your doctor only allows you to return to work with restrictions (often called “light duty”) and you are earning less than you were before you got hurt. The amount paid in these situations is two-thirds of the difference between what you were earning before you got hurt, and what you are earning now that you are injured and working light duty.

If you’re unable to work at all, your benefits will be based on your wages before the accident. If a doctor says you cannot return to work at all for a temporary period because of your injuries, you may receive two-thirds of the pre-injury average weekly wage you received during the year immediately prior to your accident, up to a maximum weekly compensation rate.

How Long You’re Unable to Work

Sometimes, your injuries will only take a few weeks or months to clear up or heal. For example, you may have a burn injury from your work accident, but it may not leave lasting damage. In these cases, your Virginia Workers’ Comp benefits may continue while you’re unable to work.

But what if your injuries are so severe you’re permanently injured and unable to work? In these situations, you may be eligible for permanent disability benefits.