Virginia workers compensation provides injured workers with wage loss benefits when they suffer a loss in earnings because of light duty restrictions from their work-related injury or occupational disease. Those benefits are called temporary partial disability benefits (TPD). If you are unable to make as much money because of restrictions related to your on the job injury, you may be entitled to temporary partial disability in Virginia. Contact a Virginia workers compensation lawyer to protect your rights.
How Do I Receive Temporary Partial Disability Benefits in Virginia?
To receive temporary partial disability benefits in Virginia, you must prove a number of different things.
First, you must prove that you sustained an injury by accident arising out of and in the course of your employment or an occupational disease.
Second, you must prove that your treating physician has given you light duty work restrictions that prevent you from performing your pre-injury job.
Third, you must show that you are working and earning less than your pre-injury average weekly wage.
Finally, you have to show that you are conducting a job search that Virginia Workers’ Compensation Commission’s Marketing Guidelines. Check out our article on how to satisfy the vocational rehabilitation guidelines in Virginia.
Let’s look at a brief example of how this works.
To receive temporary partial disability benefits, you must market your remaining work capacity. This is best illustrated through an example. Let’s say your job paid $10 per hour and required you to lift 100 pounds at the time you were injured. Now, because of your covered work accident, you can lift only 10 pounds. Because you can’t do as much as you used to do, your employer is paying you $8 per hour post-injury. As long as you try to make up the loss in earnings by looking for work within your restrictions, you may be entitled to temporary partial disability benefits in Virginia.
A word of warning. Many Virginia workers’ compensation cases are lost because the injured worker’s job search was not adequate as a matter of law. It is a good idea to contact a workers compensation attorney if you have work restrictions that prevent you from returning to your pre-injury employer or your pre-injury job. Your work injury lawyer can advise you on exactly what is required for you to become and remain eligible for temporary partial disability benefits.
Calculating Temporary Partial Disability Benefits (TPD) in Virginia
So how much do you receive if the Virginia Workers’ Compensation Commission finds that you are partially incapacitated because of your workplace injury, and entitled to temporary partial disability benefits? The answer to that question is found in Section 65.2-502 of the Virginia Workers’ Compensation Act, which provides:
when the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, … to the injured employee during such incapacity a weekly compensation equal to 2/3 of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter …
As a general rule you are entitled to 2/3 of the difference in your wages if you’re found entitled to temporary partial disability benefits in Virginia.
Get Temporary Partial Disability Benefits in Virginia
Many injured workers live pay check to pay check. They cannot afford to earn less money following a workplace accident that leaves them with light duty restrictions. Get every penny you deserve. Call workers compensation lawyer Corey Pollard, named a Rising Star Attorney by Virginia Super Lawyers Magazine. He’ll help you get the temporary partial disability benefits you deserve.