Norfolk, VA asked in Workers' Compensation for Virginia

Q: I have a relative who was injured on job 6 months ago and major surgery was required.

Now on light duty and pay is less than 50% of WORKMEN'S COMP. Still in therapy, but can't pay living expenses; What option do they have since can't afford to travel to job to do light duty? NO INCOME for 2 wks.

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2 Lawyer Answers
Jan F Hoen
Jan F Hoen
Answered
  • Workers' Compensation Lawyer
  • Hampton, VA
  • Licensed in Virginia

A: If pay is less due to medical restrictions, a claim for temporary partial disability may be available. There is not really enough information provided in your question without review of the medical records.

Failure to work available light duty will be a problem. The person needs to find a way to commute to the job (share a ride, public transportation, accommodation by employer, etc.). Loss of income for two weeks may not be enough of a claim to justify retaining an attorney, unless there is some permanent impairment.

Jerry Lutkenhaus
Jerry Lutkenhaus
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Richmond, VA
  • Licensed in Virginia

A: Your relative should have filed a claim with the Virginia Workers Compensation Commission. That number is 1-877-664-2566. Your relative should have been paid for the time out of work by the employer's workers compensation insurance company. If the proposed Light Duty Job pays less than his pre-injury wage, then the workers' compensation insurance company should pay two thirds (2/3) of the difference between his pre-injury wage and the Light Duty Wages. He may be well-advised to consult an experienced workers' compensation lawyer.

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