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Virginia Workers’ Compensation Claims

The Virginia Workers’ Compensation Act was created in the early twentieth century in response to growing concerns over unfair rules in the legal system at the time.

Eligibility

Generally speaking, employers who have three or more employees in the same business in Virginia are required to insure workers for injuries they receive on the job.

Types of Compensation

Two types of injuries are covered under Virginia’s Workers’ Compensation Act: accidental injuries and occupational diseases. Not every injury or accident that occurs throughout the course of employment qualifies as an accidental injury or occupational disease—some workplace accidents or injuries are simply not covered.

When an injury is covered, the injured worker is entitled to certain basic benefits as part of his case and may claim:

Temporary total disability. If a claimant is unable to perform work of any kind for a period of time, he is eligible to receive temporary total disability compensation. There is a maximum weekly compensation rate in Virginia that is based upon the average weekly wage of all workers in the state. The employee is entitled to receive weekly compensation equal to two-thirds of his or her average weekly wage prior to the accident, up to the state maximum in effect at the time the worker was hurt.

Temporary partial disability. Temporary partial disability compensation occurs when a worker is actively receiving medical treatment, but is still able to perform light or part-time work. A worker may then receive compensation, which is calculated as two-thirds of the difference between the worker’s average weekly wage at the time of the injury and their weekly wage after the injury. These benefits are also subject to a maximum weekly compensation rate set by the state of Virginia.

Death benefits compensation. If an injured worker dies as a result of a work-related accident, his beneficiaries may file a claim for death benefits, which include wage-loss compensation and funeral expenses.

Related medical expenses. Injured employees are also able to receive medical attention free of charge for their injuries. Unlike the benefits discussed above, a claimant’s right to accident-related medical care is unlimited and lasts a lifetime as long as a worker can show that the medical care is reasonable, medically necessary and performed by an authorized physician

Contact Ashcraft & Gerel for Help With Your Virginia Workers’ Comp Claim

Ashcraft & Gerel has more than 60 years of experience handling Virginia workers’ compensation claims. Our attorneys have a reputation for being aggressive and for having a broad and comprehensive knowledge of the law. Our Virginia offices are located in Alexandria and Manassas. If you’d like to speak to an attorney about a Virginia Workers’ Compensation claim, please feel free to contact us today.