Workers' Compensation Benefits in Richmond
To receive Richmond workers' compensation benefits, the injured individual needs to report the injury to a supervisor at work within 30 days. Also, they then need to file a workers' compensation claim with the Virginia Workers' Compensation Commission.
If you suffered a work-related injury, you should reach out to an experienced workers' compensation lawyer. An attorney could help you file a claim and recover the benefits that you deserve.Get Started
Available Workers' Compensation Benefits
There are several different types of benefits available in Richmond workers' compensation claims. The benefits that are covered by workers' compensation are medical expenses related to all the medical treatment rendered to an injured worker. The goal for the injured worker is to obtain a lifetime medical award for their injuries and conditions. The insurance carrier has the opportunity to review and make a decision on denying any procedure or referral made by that doctor. The carrier oversees the process and controls the authorization.
An injured worker can also receive benefits for wage loss, which is up to 500 weeks of temporary total disability benefits if an injured worker is completely unable to work. They can be entitled to two-thirds of their average weekly wage, which is based on wages earned in the 52 weeks leading up to their work accident.
If the claimant is on light-duty restrictions, but working fewer hours as a result or is being paid differently in any way that amounts to less, the claimant would be entitled to two-thirds of the difference between the pre-injury average weekly wage and the post-injury average weekly wage and the light-duty position.
What is Permanency?
Permanency is the permanent partial disability benefit. Certain body parts qualify for permanent partial disability benefits, such as the limbs, the arms, hands, legs, feet, and the brain if they have a serious brain injury.
There are also permanent and total disability benefits. If the injured worker is still disabled after 500 weeks, they can apply for permanent and total disability, which would be wage loss benefits for the remainder of their life. Death benefits are available for beneficiaries if an injured worker dies on the job.
When is a Person Not Entitled to Workers' Compensation Benefits?
A person who has had an injury that does not qualify as compensable under Virginia law is not entitled to workers' compensation benefits. Also, a person who works for a company who is an independent contractor and not actually an employee of a company is not able to obtain workers' compensation benefits. Employers who have fewer than three employees are not required to have workers' compensation insurance. If the individual works for a company that has fewer than three employees, then they will not be able to obtain Richmond workers' compensation benefits.
Applying Benefits to an Injured Workers' Future Needs
Workers' compensation benefits apply to a person's future needs. If an injured worker is able to successfully get under a lifetime medical award for their injuries, then the idea is that the workers' comp insurance carrier will provide medical benefits for as long as needed by that injured worker. All future needs should be covered by that lifetime medical award. For more information, consult with a dedicated injury lawyer today.
Average Weekly Wage Impacts Benefits
Richmond workers' compensation benefits are related to the amount of money a worker makes. In order to compute their average weekly wage, the employer looks at the 52 weeks leading up to their work accident and what they are paid on a weekly basis. To obtain the weekly check amount, they take two-thirds of that number.
It is important to know that there are a statutory maximum and minimum. For high wage earners, the temporary total disability rate is capped at a certain amount. If an injured worker makes less than the statutory minimum, then that number becomes the person's rate. If the number is higher than the minimum, then it is reduced by one-third to get their rate.
If you have any questions regarding workers' compensation and recovering benefits, reach out to a well-versed lawyer today.
Workers' Compensation Benefits Practice Areas
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If you have been injured at work or through the negligence of another individual or entity, contact us at (804) 999-9999 or or use the form below to connect with our legal team. We will fight to get you the justice you deserve.