Can Comp Checks Go Up ?

While a workers compensation Award normally “locks in” the weekly comp rate, Herndon Super Lawyer Doug Landau has recovered hundreds of thousands of dollars for his clients on top of their total disability benefits.  How does he do this ? The law in most every state sets forth how comp rate is calculated.  The rate is usually 2/3rds of the average weekly gross wages, or 80% of spendable earnings, etc., based upon what the injured employee made over the prior 13, 26 or 52 weeks.  Most states have a “cap” or maximum compensation rate.  Virginia Trial Lawyer Doug Landau has helped clients for over 20 years get their weekly total disability payments increased in both injury and fatality cases by applying for Cost of Living Adjustments (COLA).  We all know that prices tend to increase and the Consumer Price Index (“CPI”) is often used to determine “inflation.”  The Virginia Workers Compensation sets a COLA rate each year.  This rate is then applied to the weekly rate.  Money due is paid in a lump sum, retroactively.  The checks thereafter are paid as they come due at the new, higher rate. As an example, one of the Law Shop’s 9/11 clients was being paid at the maximum rate for 2001.  The widow was receiving $645 per week under the Award Doug Landau secured for her several years after the infamous terrorist attack. Due to COLA, her checks increased from $645.00 to $681.78, for an increase over the remaining 316 weeks of the claim of $11,622.48.  Since further Cost of Living adjustments will be paid on the claim, this amount could very well double before the 500 weeks allowed under Virginia law run out.  The Workers Comp Team at Abrams Landau Ltd. routinely files for such benefit increases on behalf of the injured workers and their families that we are privileged to represent.