How Long Do Workers Compensation Benefits Last in Virginia?
The Duration of Workers Compensation Benefits in Virginia
Workers’ compensation benefits are a vital form of financial assistance for employees who have been injured on the job or who have developed work-related illnesses. In the state of Virginia, the duration of workers’ compensation benefits can vary depending on the specifics of the case and the severity of the injury.
Under Virginia law, injured employees are entitled to receive workers’ compensation benefits for as long as they remain disabled and unable to work due to their work-related injury or illness. These benefits are meant to replace a portion of the injured worker’s lost wages and help cover the costs of medical treatment and rehabilitation.
Temporary Total Disability Benefits
Temporary total disability benefits are available to injured workers who are completely unable to work for a temporary period of time. In Virginia, these benefits typically last for up to 500 weeks from the date of the injury. However, there are exceptions to this rule, such as in cases of catastrophic injuries or permanent total disability.
According to Virginia Code Section 65.2-510, the maximum weekly benefit amount for temporary total disability is two-thirds of the worker’s average weekly wage, up to a certain statutory maximum. This amount is adjusted annually to account for changes in the state’s average weekly wage.
Temporary Partial Disability Benefits
Temporary partial disability benefits are available to injured workers who are able to return to work in some capacity but are earning less than they were before the injury. These benefits are typically paid at a rate of two-thirds of the difference between the worker’s pre-injury and post-injury wages.
In Virginia, temporary partial disability benefits can last for up to 500 weeks from the date of the injury, or until the worker reaches maximum medical improvement, whichever comes first. Maximum medical improvement is the point at which the injured worker’s condition is not expected to improve significantly with further medical treatment.
Permanent Total Disability Benefits
In cases where an injured worker is permanently and totally disabled due to a work-related injury or illness, they may be eligible for permanent total disability benefits. These benefits are typically paid at a rate of two-thirds of the worker’s average weekly wage, subject to the same statutory maximum as temporary total disability benefits.
Under Virginia law, permanent total disability benefits can last for the duration of the worker’s disability, which may be for the rest of their life. However, these benefits may be subject to periodic reviews to ensure that the worker’s condition has not improved to the point where they are able to return to work.
Permanent Partial Disability Benefits
In cases where an injured worker suffers a permanent impairment but is able to return to work in some capacity, they may be eligible for permanent partial disability benefits. These benefits are typically awarded based on the extent of the worker’s impairment and are paid at a rate of two-thirds of their average weekly wage.
Permanent partial disability benefits in Virginia are typically paid for a specific number of weeks based on the specific impairment rating assigned to the injured worker. For example, a worker with a 20% impairment rating may receive benefits for 60 weeks, while a worker with a 50% impairment rating may receive benefits for 200 weeks.
Death Benefits
In cases where a worker is killed on the job or dies as a result of a work-related injury or illness, their dependents may be eligible for death benefits. These benefits are typically paid at a rate of two-thirds of the worker’s average weekly wage and may be paid for a certain number of weeks or for the rest of the dependents’ lives, depending on the specifics of the case.
It is important to note that the duration of workers’ compensation benefits in Virginia can be complex and may vary depending on the specifics of each case. If you have been injured on the job and are unsure about how long you are entitled to receive benefits, it is essential to consult with an experienced workers’ compensation lawyer who can help guide you through the process and ensure that your rights are protected.
At our law firm, we have a team of dedicated workers’ compensation attorneys who are experienced in handling a wide range of workers’ compensation cases in Virginia. Contact us today to schedule a consultation and learn more about how we can help you navigate the workers’ compensation system and secure the benefits you deserve.
Citations: Virginia Code Section 65.2-510