One of the major parts of any Virginia worker’s compensation claim is the portion that is meant to compensate the injured worker for his or her inability to work at the same level he or she previously was able to work. This is particularly true if the injuries that the worker suffered were permanent. Along with this inability to perform at the same level at work often comes a drop in the worker’s earning potential as a direct result of his or her reduced physical capacities resulting from any permanent injuries suffered in a workplace incident. For example, if a roofer falls off a ladder while on the job, cushions his fall with his hand, and suffers hand injuries from which he will never recover that make it impossible for him to continue to work as a roofer, but still allow him to go back to work in a different job that pays less, most people would agree that he should be compensated for the difference in his pre-injury and post-injury wages. Thankfully, Virginia law recognizes this fact and allows for an injured worker to be compensated for either a partial or total disability if the injured worker has suffered injuries in a workplace incident from which he or she will never recover even with medical treatment.
Virginia Law Relating to the Lost Wages As a Result of Workplace Accidents
The Virginia Worker’s Compensation Act makes a specific allowance for cases of both temporary and permanent injury as a result of a workplace injury. If your injuries as a result of a workplace incident are permanent and you have reached a point of maximum medical improvement from those injuries as a result of the treatment that you received, then Virginia law allows your treating physician to assign you an impairment rating which reflects to what degree your injuries as a result of that workplace accident have permanently impaired you. Maximum medical improvement means that, even with further treatment, your injuries will never get any better. You are then compensated based on that impairment rating according to a complicated calculus based upon your pre-workplace incident earnings. Therefore, if the roofer in the scenario above was assigned a 10% impairment rating based on his permanent inability to use his injured hand, he would be compensated for this according to a complicated calculation that included what he was able to make with the injury as compared with what he was making prior to the injury. Similarly, if you have been rendered totally unable to work as a result of your injuries, then you would be entitled to compensation for your complete disability as a result of your injuries from the workplace incident.
Protect Your Rights by Retaining an Experienced Virginia Workers’ Compensation Attorney
If you have suffered a workplace injury in Virginia, then worker’s compensation coverage exists to compensate you for the damages that you suffer as a result of those injuries. This includes both the medical expenses as well as any permanent loss of wages that you will suffer if you have suffered either partial or total permanent injuries as a result of your workplace incident. If you have been injured in a workplace incident in Virginia, please contact Kalfus & Nachman today at (855) 880-8163 or through the form on this page to schedule a free consultation. Our experienced Virginia workers’ comp lawyers are here to help you.