What Benefits Are Available Through Virginia Workers’ Compensation?
After a workplace injury in Virginia, understanding the workers compensation benefits available to you can make a significant difference in your recovery. Virginia workers’ compensation provides medical care and financial benefits to employees injured on the job. Understanding what the system covers can help you make informed decisions throughout your claim.
Medical Benefits Available Through Virginia Workers’ Compensation
Virginia workers’ compensation covers reasonable and necessary medical treatment related to your workplace injury. This includes doctor visits, diagnostic testing, physical therapy, surgery, and prescription medication.
One common issue is selecting the authorized treating physician. Receiving treatment from a provider who has not been authorized may result in those medical expenses not being covered. If you disagree with the treatment being provided or need a second opinion, there are formal procedures to request a change. Understanding this process early may help prevent disputes over your medical benefits. The Virginia Workers’ Compensation Commission provides additional information about medical treatment and other benefits available under Virginia’s workers’ compensation system.
Wage Loss Benefits: Compensation When You Cannot Work
When a workplace injury prevents you from returning to work, Virginia workers’ compensation provides wage replacement through Temporary Total Disability benefits, commonly referred to as TTD. These payments are calculated at two-thirds of your pre-injury gross average weekly wage, subject to maximum limits set by the state.
To qualify, you must have medical documentation from your authorized treating physician confirming that you are unable to work. There is also a seven-day waiting period before benefits begin, though if your disability extends beyond 21 days, you will be entitled to compensation for that initial waiting period as well. Report changes in your income or work status promptly will help avoid complications with your workers compensation claim.
Temporary Partial Disability: When You Return to Light Duty at Reduced Pay
Not every injured worker is completely unable to work. If your authorized physician places you on light-duty restrictions and you return to work earning less than your pre-injury wages, you may be eligible for Temporary Partial Disability benefits. These payments are generally calculated at two-thirds of the difference between your pre-injury and current wages. Accurate wage documentation helps ensure your workers compensation benefits accurately reflect your loss of earnings.
Permanent Partial Disability: Compensation for Lasting Impairment
Once you have reached maximum medical improvement, meaning your condition has stabilized as much as it reasonably will, your authorized treating physician may assign an impairment rating to the affected body part. This rating forms the basis for Permanent Partial Disability benefits under Virginia workers’ compensation.
Virginia assigns scheduled compensation to certain body parts, with benefits based on your impairment rating and weekly compensation rate. Some injuries, including certain back injuries, are evaluated differently under Virginia law. Because these claims can involve additional legal and medical issues, determining the benefits available may be more complicated.
Vocational Rehabilitation: Support for Returning to the Workforce
When a workplace injury prevents you from returning to your previous job, vocational rehabilitation benefits may be available to help you transition back into the workforce. This can include job placement assistance, career counseling, and in some cases, retraining for a new occupation. Vocational rehabilitation may be appropriate when an injured worker cannot return to their previous job but can perform other work. Employers and insurers must cooperate when vocational rehabilitation is .
When Legal Guidance May Be Helpful
In order to know your rights after a workplace injury, a workers’ compensation attorney can help determine whether the benefits offered comply with Virginia law and challenge decisions when appropriate.
Know Your Rights After a Workplace Injury
Virginia workers’ compensation provides medical care, wage replacement, and other benefits to help injured employees recover and return to work when possible. Knowing what benefits may be available can also help you better understand what to expect as your claim moves forward.
If you have questions about your workers compensation claim or the workers compensation benefits that may apply to your situation, contact Inman & Strickler at (757) 486-7055 to discuss your options.