Can Injured Workers Get Cost of Living Increase AND Social Security Disability ?

Just as the stars come out every night, Herndon lawyer Doug Landau notes Cost of Living Adjustments to weekly workers comp checks are a regular part of a Virginia Compensation Claim where total disability payments are being made to an injured employee

Injured workers in Virginia are told that IF they are not getting Social Security Disability (“SSD”) payments, they may be eligible for an annual “Cost of Living Adjustment” to their weekly state Workers Compensation checks.  This is because the law recognizes that with inflation, the buying power of $100 is not the same as it was 10 years ago.  At the Herndon law firm ABRAMS LANDAU, we advise our clients to visit their local Social Security office in order to get a note showing that they are NOT getting SSD payments.  The Landau Law Shop then sends it to the Virginia Workers Compensation Commission headquarters in Richmond so that an Order will be issued telling the Insurance Company to pay Cost of Living.  The Cost of Living adjustments change from year to year, and can add up to a significant amount of money over the course of a 500 week fatal workplace accident claim, for example.  In one recent case, a client received over $8,000 in tax-free Cost of Living on top of his weekly workers comp checks and Social Security Disability payments !  Even in cases where the injured worker IS getting Social Security Disability, they may still be able to get a Cost of Living Adjustment Order

from the Virginia Comp Commission.  Where the combined workers compensation rate AND the Social Security Disability benefit DOES NOT EXCEED 80% of the injured workers’ gross pre-injury wage, the disabled wage earner may be able to get COLA.  Put another way, if the Virginia Workers Compensation Commission finds that the combined compensation rate and Social Security Disability benefit exceeds 80% of the pre-injury wage, the claimant is not eligible for Cost of Living.  If you or someone you know or care for has been injured on the job or is seeking Social Security Disability benefits, and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.