How Much Pay Do You Get on Workers’ Comp in VA?
The most important figure in determining the amount of workers compensation pay you get in Virginia is your average weekly wage (AWW). Your AWW is the basis of all calculations made by the Workers’ Compensation Commission, the insurer, or third-party claim administrator (TPA) during your case. A higher AWW can help you receive more money through workers’ comp.
How you can calculate workers’ compensation pay
Workers’ compensation pay is calculated using methods described in Virginia Code Section 65.2-101. The calculation method you choose is usually determined by how long you’ve been employed before you were injured.
Figuring out your average weekly wage before your injury
If you have been employed by the same employer for a full year prior to your work injury, take your total wages for the year before your accident and divide it by 52 weeks.
For instance, let’s say your income was $70,000 in the year were injured. Divide $70,000 into 52 to get a weekly average of $1,346.15. That number determines how disability benefits are figured under workers’ comp. Most likely, you will not get that amount every week. The actual amount and the length of compensation are specified in the Virginia Workers’ Compensation Act.
Temporary total disability
If you cannot work as a result of your work-related illness or injury, you may be entitled to 66 2/3% of your regular wages. This amount is based on your wages for 52 weeks before your illness or accident and is subject to a maximum reimbursement throughout the state.
Temporary partial disability
If your doctor allows you to return to work with restrictions, you are eligible for temporary partial disability benefits to replace the lost income resulting from your restricted work status.
Permanent total disability
If you are permanently unable to work because of severe injuries, Virginia Code §65.2-503C defines that you are entitled to receive permanent total disability benefits. Death benefits or burial expenses up to $10,000 may be payable if a work-related death occurs, defined by Virginia Code §65.2-512.
Maximizing the amount of workers’ comp you can receive
Your regular wages are not the only items you can use in calculating your average weekly wage. You can include the following items when calculating your AWW:
- Overtime pays
- Tips and rewards
- Training pay
- Vacation pay
- Fringe benefits
Be careful not to lessen the value of your claim’s settlement. You could lose tens of thousands of dollars in workers’ comp pays due to a minor miscalculation or error in computing your average weekly wage. Include all payments, bonuses, and additional income to recover more compensation for your injury.
Minimum and maximum workers’ comp rates
The Virginia Workers’ Compensation Commission has fixed the minimum and maximum compensation amounts for lost wage benefits. The maximum workers’ comp rate as of July 1, 2018 has been fixed at $1,082.00. The minimum workers’ comp rate has been set at $270.50.
Computing your AWW may look easy. Fixing the correct amount, however, frequently leads to court proceedings and a workers’ comp hearing since that figure is crucial in deciding your claim’s value. The workers’ compensation claim adjuster will do anything to reduce the amount you receive. Strongly oppose them by hiring a competent attorney to defend your rights.
Consult a Virginia workers’ compensation lawyer
Workers’ compensation is unlike any other area of law. It takes skill and experience to settle a workers’ comp claim. If you’ve suffered work-related injury or illness, a workers’ compensation case is worth pursuing. This gives benefits to full-time and part-time employees alike.
If you have been injured at work or suffering from a job-related illness, Slominski Law can help you file a claim structured to get every dollar you are entitled to. We have years of experience and skillful comprehension of workers’ compensation procedure in Virginia.
Contact us anytime. Let us help you find ways to gain leverage in settling your case. You must act immediately to comply with the workers’ comp statute of limitations and have a better opportunity of receiving more money.
Call us today for a free consultation at (434) 384-9400 in Lynchburg or at (540) 554-3762 in Roanoke.