Can a Virginia worker “double dip” while receiving Worker’s Compensation weekly wage loss benefits?
“No” according to Reston and Herndon area workers comp lawyer Doug Landau. The injured worker who is getting a full weekly wage loss (“indemnity”) check, cannot also get a full permanency check at the same time. However, if an injured worker locates selective employment, that is within their doctors’ restrictions, they may be able to “accelerate” the insurance companies’ indemnity exposure…
EXAMPLE: BOTH Workers “A” and “B” have lost their left arms in a tragic workplace accident.
“Worker A” is receiving Temporary Total Disability (“TTD”) checks because he is confined to bed. His pre-injury wage was $990.00, before taxes and deductions, so 2/3rds of his average weekly wage is $660.00. Even though he has a 100% loss of his arm, which is worth some 200 weeks of compensation at $660.00 per week under Virginia law, because he is getting a TTD check, he cannot also get a PPD check. He must either give up his TTD Award and then apply for a PPD Award, or wait until his TTD Award ends.
“Worker B”, despite the same injury, has found “selective duty employment” (as described in my other posts), and so she is not getting a TTD check, but instead is getting TPD benefits for her “Temporary Partial Disability.” She makes $330.00 each week, so her partial comp check is for $440.00. Because she is not getting a “full comp check,” she can apply for PPD and receive a permanency check for $660.00 per week for up to 200 weeks for her 100% loss of the arm. “Worker B” is now getting $1,100.00 each week from the workers compensation insurance company, and a paycheck for $330.00 from her new employer.
AND, if “Worker B” was injured in a car crash and won or settled that personal injury case against the “Third Party Defendant,” her lawyer Doug Landau would not pay the workers comp carrier back 100% of their “IOU,” but less because of the Law Shop’s efforts in getting this “3rd party recovery.” In other words, “Worker B” gets more money, tax free AND gets an “interest free loan” that is paid back at 60-70% on the dollar. Something to consider…
The best and most experienced injury lawyers know how to coordinate workers compensation and personal injury benefits. If you or someone you know or care for has been injured as the result of an on the job car, truck, bicycle or motorcycle crash and there are questions about what laws apply, e-mail or call us at ABRAMS LANDAU, Ltd. (703-796-9555) at once.