A workplace injury often leaves you dealing with serious injuries that require medical treatment, but it also often leaves you with no way to earn a living. You may not only be unable to do your previous job, but you also may be completely unable to earn money at all. However, just because you have been injured in a workplace incident, life does not stop. The bank may be willing to work with you for a short time to give you some relief on your mortgage or car loan on account of your workplace injury, but there are other regular bills and expenses that also need to be paid: you still need to buy groceries to feed your family, you still need to pay the electric and water bills to keep your utilities on and the many other bills that are simply a part of everyday life. Given that most Americans live paycheck to paycheck, going without a paycheck is simply not an option for most, particularly someone who has suffered a workplace injury.
This is one reason it is so important that the worker’s compensation award process in Virginia includes a component to award you a portion of the lost wages that you are expected to miss out on as a result of having been injured in a workplace incident. If you are injured on the job, then you have the right to receive compensation under Virginia law for any wage losses you may have suffered as a result of that workplace injury. The Virginia Worker’s Compensation Act provides a specific formula that is used to calculate the lost wages that you can be compensated for as an injured worker in Virginia. This enables both you as the individual as well as your legal representative to calculate with some certainty how much compensation you can expect to receive as a result of that workplace injury so that you have some certainty going forward as to what you can expect in terms of your income.
The Rules Related to The Calculation of Wage Losses Payable in Virginia Worker’ Compensation Proceedings
Virginia’s worker’s compensation statute sets forth a formula pursuant to which compensable lost wages in a Virginia’s worker’s compensation proceeding are calculated. The injured worker multiplies his or her average weekly wage by 66.66 percent or 2/3 for easier estimates. The average weekly wage is determined by taking the injured worker’s total gross earnings (i.e. not the injured worker’s take-home pay) for the 52 weeks prior to the jury and then dividing it by 52. The resulting figure is your initial lost wage compensation rate, which can then be subject to certain adjustments. This is then used to calculate how much your wage compensation amount would be going forward for any award you receive.
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 cover that scenario. Your employer’s worker’s compensation insurance coverage is available to cover any lost wages you may have suffered as a result of any workplace injuries you may suffer while on the job in Virginia. To learn more about protecting your rights in the Virginia worker’s compensation process, and in particular, making sure that you receive all lost wages and other compensation you are entitled to as a result of your workplace injury, 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.