How Is Workers’ Comp Calculated in Virginia?

In 2022 alone, the Virginia Workers’ Compensation Commission reported nearly 38,000 workplace injuries throughout the state. These incidents resulted in 33,053 workers’ compensation claims that year. Although filing a workers’ comp claim is a fairly common occurrence, it can also be a scary one for workers, especially if you’re wondering, “How is workers' comp calculated in Virginia?”

If you’ve been hurt on the job and don’t know how you’re going to make up for medical bills and lost wages, you may be curious about what type of compensation is available to you to ease the financial burden caused by your injury.

Consider this your guide to workers’ compensation calculations to help you figure out what to expect if your claim is approved.

How the Virginia Workers’ Comp System Works

Virginia’s workers’ comp system operates on a no-fault principle. This means that those who are injured on the job may receive benefits even if it is determined that they are at fault for their own injuries.

This puts the system’s focus on ensuring that injured workers have timely access to compensation for lost wages and medical care rather than determining liability for the accident.

To initiate a claim, you must report your injury to your employer. Your employer then has 10 days to file a report with the Virginia Workers’ Compensation Commission. Once the employee report is filed, you must then file a Claim for Benefits with the Commission and include details about your injury and wages.

The VWC then reviews your claim, holding hearings to consider arguments if your claim is disputed by the insurer. To receive compensation, you may need to negotiate an agreement with your employer and their insurance carrier based on what all parties believe is fair.

The Types of Workers’ Comp Benefits Available in Virginia

Workers’ compensation can cover a variety of expenses and benefit types. For example, you may receive medical benefits for all reasonable and necessary medical care related to your injury.

In some cases, workers may also receive benefits to cover mileage and other travel expenses related to their ability to get to and from their medical appointments.

Because workplace injuries often impact workers’ ability to do their jobs, there may also be several levels of wage benefits available, including:

• Total Disability Benefits: Compensation given to those whose injuries prevent them from returning to work in any capacity
• Partial Disability Benefits: Compensation given to those who are able to do some light-duty work or return with a modified schedule

Note that these benefits can either be temporary or permanent. While temporary benefits can last up to 500 weeks, permanent benefits may continue indefinitely or until your condition sufficiently improves.

The type of benefits you will receive depends on the severity of your condition and your calculated damages, including lost wages (both currently and in the future) and medical care.

How Workers’ Comp Is Calculated for Virginia Employees

How is workers' comp calculated for Virginia employees? The amount you receive from your workers’ compensation claim will depend on your average weekly wages (AWW) at the time of your injury. For example, if you are paid a yearly salary of $50,000, your average weekly wage would be roughly $961.54 ($50,000/52 weeks per year).

However, keep in mind that the Virginia workers’ comp system does factor in overtime pay, tips, commissions, bonuses, and even fringe benefits. If you’re in the midst of filling out your claims form, it can be helpful to speak with an attorney to ensure that you’re calculating your AWW correctly.

Workers’ comp generally allows employees to receive up to two-thirds of their average weekly wage. However, there are compensation caps determined by the AWC.

Factors That Can Affect Workers’ Comp Payments

Several factors can affect how much compensation you may receive, including:

• The risk level of the work you perform
• Your wages
• Injury severity
• The potential for future lost wages
• The cost of ongoing medical care

It’s important to speak with a workers’ compensation attorney about your individual situation to determine how each of these factors may affect your claim.

FAQ

What if My Employer Doesn’t Carry Workers’ Comp Insurance?

Virginia law generally requires employers with more than two employees to carry workers’ comp insurance. If they don’t have it, you may have grounds to bring a legal suit for compensation.

Can I Choose My Own Doctor for Care After a Work Injury?

Your employer must generally provide you with a list of approved physicians to treat your injury. If you are dissatisfied with the list, you may be able to get approval from the VWC to change physicians.

What if I Don’t Report My Injury to My Employer Right Away?

In some cases, you may not discover your injury right away. In these cases, you have up to 30 days to file a report with your employer. Once your employer files a claim with the VWC, you have up to two years to file a claim for benefits.

Get Advice From an Experienced Workers’ Compensation Lawyer

Workers’ compensation claims are rarely straightforward and are subject to dispute by your employer or their insurer. It’s crucial to ensure you’re working with an experienced attorney who can help you submit your claim correctly and fight for your rights at every turn.

If you need help filing or fighting a workers’ compensation claim, our attorneys at the Commonwealth Law Group can help. Contact us today for a free consultation to discuss your rights and steps to move forward with your case.