VIRGINIA WORKERS' COMPENSATION BENEFITS
An Overview
Virginia Workers'
Compensation Claims - there are numerous
facets to a workers' compensation claim in the Commonwealth of Virginia. Of
significant importance is that a claimant is entitled to several benefits under
the Act (which is codified under Virginia Code 65.2 et seq.) Claimant's may be
eligible for Temporary Total Disability (TTD), Temporary Partial Disability
(TPD), Permanent Partial Disability (PPD), Medical Payments Benefits, and
Rehabilitation benefits. A Claimant may be eligible for one, some, or all of
these benefits in any given claim, depending on the seriousness of the
work-related injury.
TEMPORARY TOTAL DISABILITY BENEFITS (TTD)
is a monetary benefit paid for time off work over a period of seven (7) days.
It is 66 2/3 percent of the claimant's average weekly wage, calculated over the
past year. If the claimant is off work, he or she is entitled to this benefit
and to Medical Payments (see below).
TEMPORARY PARTIAL DISABILITY BENEFITS
(TPD) is another monetary benefit available if the claimant returns to
work but is unable to earn the same wages as prior to the injury. TPD benefits
make up the difference between the wages the claimant makes and the 2/3 percent
comp rate.
PERMANENT PARTIAL DISABILITY BENEFITS
(PPD) become available if the claimant has sustained an injury that
limits the use of an extremity (and the treating physician has provided a loss
of use rating). It is a one-time benefit payable in a lump sum after the
claimant returns to work.
Medical
Payments Benefits are available in all claims and pay the
Claimant's medical bills for all injury-related treatment if that treatment is
causally related to the work injury.
Rehabilitation
Benefits are available if the claimant is unable to return to
work and requires assistance in finding and securing employment within his or
her physical capabilities. Rehabilitation benefits are provided under Virginia
Code Section 65.2-603 and can be used, unfortunately, by the employer to force
claimant's back to work. However, they
are considered "benefits" since the intent behind rehabilitation was to provide valid assistance returning to
work.
Please note that this list is a short review of the workers' compensation
benefits provided under the Virginia Workers' Compensation Act. If you have
been injured, always consult with a qualified workers' compensation attorney to
ensure that you receive all the benefits to which you are entitled. Remember,
all injuries must 1.) arise from the employment, and 2.) occur during the
employment to be compensable. Repetitive
stress injuries are not, as a rule, compensable.
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