You are injured at work and you are unable to return to that job due to the injury. The insurance company contacts you and wants to "settle" your claim. You wonder what a reasonable value is for your claim? These are some of the factors you need to consider in Virginia. Other states will differ since each state has a slightly different compensation system.
If your claim has been accepted by the insurance company you should be receiving weekly compensation benefits and medical coverage. In Virginia the maximum compensation you can receive is as of July 1, 2009 is $895.00 per week. Your individual compensation rate would be two thirds of your average weekly salary not to exceed $895.00 per week. Thus, if you making only $1,000.00 a week your compensation rate would only be $666.67 per week. In Virginia once you have an award you also are entitled to lifetime compensation for this injury.
If you are unable to return to work, then in Virginia you could receive weekly compensation for up to 500 weeks. In certain rare instances such as a brain injury or the loss of two extremities, you can receive lifetime compensation benefits.
However, if you are unable to return to your pre-injury job but can do light duty work, the insurance company will make a strenuous effort to place you in some form of light duty employment. If the placement is successful, then the insurance company can reduce the compensation it is paying you due to the fact you are receiving a light duty salary. Of course, if the light duty salary equals or exceeds your pre-injury salary, then the insurance company no longer has to pay weekly compensation.
Virginia will provide compensation for a permanent injury to an extremity or hearing or vision. However, you cannot receive this type of compensation if you are still out completely on weekly compensation benefits.
Very importantly there may be a need for future prescriptions, doctor's visits, additional medical operations, etc. Since a Virginia award means you have lifetime coverage for this injury, the costs of future medical care may well exceed the costs of weekly compensation payments.
With the above in mind, then the value of the claim is determined by (1) the salary and compensation rate; (2) the number of weeks of potential compensation remaining; (3) the inability to return to any form of work; (4) the ability to return to some form of light duty work and the availability of such work; (5) if there is a return to light duty work, the payment rate of such light duty work; (6) permanent injuries to any extremity or hearing or vision; and (7) the projection of future medical bills.
The valuation can be complex and it is advisable that a claimant seek the advice of an experienced workers' compensation attorney regarding a proper valuation before you reach that final "settlement" with the insurance company.
This may be considered AN ADVERTISEMENT or Advertising Material under the Rules of Professional Conduct governing lawyers in Virginia. This note is designed for general information only. The information presented in this note should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
I have been representing claimants in Virginia for over 30 years. In the July 1999 issue of Richmond Magazine I was rated one of the Best Workers' Compensation Lawyers in Central Virginia. In 2003 I received the "AV" rating from Martindale-Hubbell, its highest rating for lawyers.You can get more information from http://www.virginiadisabilitylawyer.comor http://www.geraldlutkenhaus.com
Disclaimer: All information on this site is provided for informational purposes only! By no means is any
information presented herein intended to substitute for the advice provided to you by any health care or other professional
or organization.
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