Law

Does My Previous Wage Level Determine How Much Workers’ Compensation I Get?

Yes. The amount of workers’ compensation you receive is based primarily on your average weekly salary before your injury or illness. Your average weekly pay is the sum of your wages in the year before your injury, divided by the number of weeks in that year (often 52). (Subject to time deduction if you missed seven or more days of work within the previous 12 months). 

There are two ways to determine an employee’s average weekly wage: either by dividing their total earnings by the number of weeks they have worked or by comparing it to that of another employee who worked in the same role, as is the case for employees who have been with the company for less than a year. To maximize your chances of receiving compensation after being injured on the job in Virginia, it’s best to speak with an experienced Virginia workplace injury attorney.

How Might My Workers’ Compensation Benefits in Virginia Be Affected By These Variables?

The amount of workers’ compensation you receive is based on your average weekly pay, which can be affected by a number of variables. Among these are the following:

  • Compensation for extra time worked
  • Bonuses
  • Additional Payments, Tips, and Gratuities
  • Commissions
  • Pay for training
  • Allowances for Vacation Pay
  • Employee expenses that aren’t directly related to producing a product or providing a service.

What If I Can’t Meet My Expenses with the Workers’ Compensation Payment I Receive?

If an employee is disabled while receiving workers’ compensation, he or she will only receive two-thirds of the lost wages. Unfortunately, disability payments are likewise capped in Virginia. Therefore, high-income individuals may find that their combined weekly wage and disability benefit are less than the statutory maximum.

Discuss the idea of settling your workers’ compensation claim for a lump amount with your attorney if the payments you are getting are insufficient to support your bills and other living expenses. This could help you make ends meet in the meanwhile as you look for a less demanding job or pursue other career options.

Should I quit my job in order to collect workers’ compensation from another one, or is it possible to do both?

You may be eligible to include income from a second job in calculating your average weekly salary if the injury prevents you from working at either that job or a job performing the same or substantially similar type of work.

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