Virginia Law: How Long Can Workers’ Comp Last?

In 2022 alone, over 278,000 work injuries were reported to the Virginia Workers' Compensation Commission. If you’re in that number this year and are suffering financially due to medical bills and lost wages, you’re probably wondering, “How long can workers' comp last?”

Unfortunately, Virginia’s method of determining how long you might receive benefits is complicated. Here’s how you can estimate the possible duration of your benefits to plan for your financial future.

A Brief Overview of Virginia Workers’ Compensation Benefits

Virginia places specific parameters around what constitutes a “work injury” for workers’ compensation. To meet the criteria, your injury must:

• Occur during the course of your employment
• Be connected to a risk or hazard presented by your work conditions
• Be caused by an identifiable incident that happened at a “reasonably definite” time and led to a sudden and obvious physical change

Typically, only employees are eligible to submit workers’ compensation claims. This does not include independent contractors or sole proprietors who are not employees of their own businesses.

How Long Can Workers' Comp Last for a Virginia Employee?

How long your workers’ compensation benefits will last depends on the injured body part, injury severity, and expected recovery timeline. All of these determinations must be supported by medical documentation from an approved medical provider.

Temporary Disability Benefits

If your injury puts you out of work temporarily or makes it necessary for you to do a lower-paying job until you recover, you may be approved for temporary disability benefits. This means you will only receive compensation for the time it takes you to get back to your normal work.

There are two types of temporary benefits: total disability and partial disability. Temporary partial disability benefits are reserved for those whose injuries allow them to work part-time or take on light-duty work. In this case, you may receive two-thirds of the difference between your full pay and your reduced pay, and benefits may stop once you return to your previous work full time.

Temporary total disability benefits may be granted to those whose injuries prevent them from working at all for a period of time. You may receive up to two-thirds of your previous average weekly wage until an approved medical professional clears you to return to work.

Permanent Disability Benefits

Permanent disability benefits are reserved for those whose injuries to a specific body part have rendered them impaired for life. You may have reached a state of “maximum medical improvement,” which means your condition is unlikely to get significantly better.

Similar to temporary benefits, there are two types of permanent disability benefits: partial and total. Partial permanent disability benefits may be awarded to workers who have lost or injured a body part and cannot work because of it.

The Virginia Workers’ Compensation Act may entitle you to a certain duration of compensation based on the affected body part. For example, you may only get 15 weeks of compensation for losing a finger, but you may receive up to 100 weeks of compensation for the loss of an eye. The amount you receive will be based on your physician’s impairment rating, which is their assessment of how your injury impacts your ability to do your job.

Permanent total disability benefits may be given to those who cannot work in any meaningful capacity for the rest of their lives. In cases of catastrophic injury (such as the loss of both hands or total blindness), benefits may continue for life.

A Note About Benefit Caps

The duration of all temporary non-medical benefits is typically capped at 500 weeks. Compensation for lost wages may stop once this cap has been reached, even if you are still unable to work because of your work-related disability. If you are cleared to return to light-duty or part-time work after being granted temporary total disability, your benefits may be shifted to temporary partial disability, which is still subject to the 500-week cap.

Navigating Workers’ Compensation Settlements

Some Virginia workers choose to receive their compensation by negotiating a settlement for structured or lump-sum payments instead of filing for weekly workers’ compensation payments. Settlements from any workers’ compensation case must be approved by the Virginia Workers' Compensation Commission (VWCC).

Resolving your claim through a settlement may effectively terminate your duration of benefits. This means that your claim will likely be closed, and you will receive payments only for as long as your agreement permits. If your agreement includes a medical buyout, you may also lose the right to future medical benefits.

FAQ

How Long Do I Have to Submit a Workers’ Compensation Claim?

If you have reported an injury within the required 30-day time frame, you may have up to two years to submit your claim.

What Documentation Do I Need to Prove My Work-Related Disability?

The required documentation depends on whether your claim is for temporary or permanent disability. It may include medical reports, photographs of your injury, and even amputation charts.

Are There Benefit Caps on Medical Expenses?

In Virginia, your medical expenses related to your work injury will be covered for life as long as the treatment you receive is deemed necessary.

Why Guidance From a Workers' Comp Attorney Matters

Many factors come into play when determining how much compensation you should receive and how long you might get it. Having a lawyer on your side can help you understand what to expect in your specific situation and help protect you against premature termination from insurers.

If you’ve been hurt on the job and are confused about your claim, our attorneys can help. Contact our team at the Commonwealth Law Group today to learn more about your rights and ensure they are upheld as you pursue your claim.