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Virginia Workers' Compensation Laws

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    Medical Benefits

    • An employee who suffers an occupational injury or illness is entitled to benefits that cover medical expenses as long as treatment is necessary. All expenses related to the injury or illness are paid by the employer's workers' compensation insurance.

    Temporary Wage Replacement Benefits

    • If an occupational injury or illness prevents the employee from returning to work, she is entitled to a benefit payment of two-thirds of her average weekly wages. The first seven days after the injury or illness is not covered unless the resulting absence from work lasts for at least three weeks. If the employee can return to work part-time, or at a lower-paying position, she is entitled to two-thirds of the difference between her average weekly wage before the injury and the average weekly wage after the injury, up to the weekly maximum.

    Permanent Partial Impairment

    • If a body part, such as a finger or eye, has been partially impaired due to occupational injury or illness, the employee may qualify for this benefit. The benefit payment amount will depend on the amount of impairment as determined by a physician.

    Permanent Total Disability

    • This benefit offers a lifetime payment for injuries deemed permanent that prevent the employee from working at all. An example of injuries that qualify for this benefit include loss of both legs, loss of sight and severe brain damage.

    Vocational Rehabilitation

    • After an injury, if an employee can only perform light-duty work, he may qualify for vocational rehabilitation. He must be actively searching for applicable jobs, and be available to any offered employment that qualifies as light-duty.

    Death Benefits

    • Death benefits, such as burial expenses up to $10,000, may be available to the spouse and dependents of an employee who dies as the result of an occupational injury or illness.

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