Legal Question in Workers Comp in Virginia

I have a workers comp case that is ongoing and I am still working at my job. They told me today that I am no longer needed doing my job but could do a different job at a $5 per hour cut. Can they do this and is someone responsible for the difference in pay that I won't be making now if I accept the other job?


Asked on 1/07/10, 4:11 pm

3 Answers from Attorneys

Michele Lewane Injured Workers' Law Firm

If you have been released to full duty and they are laying you off, you are out of luck from a wc perspective, but maybe you could get unemployment. If your Dr. has you on any restrictions however minor, then the wc insurance co. has to pay you 2/3rds of the difference between what you made before the accident and what the current job is paying you.Remember to file a Claim for Benefits.You can also check out my website for further information and to make sure you are getting all of your benefits.Injuredworkerslawfirm.com

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Answered on 1/12/10, 4:31 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

It all depends upon your work restrictions from your injury. It also depends upon the date of your accident. It also depends upon when you were last paid compensation. You may have to accept the lower paying job in order to qualify for temporary partial compensation.

You need to contact us for further legal advice. Check our web site at www.virginiadisabilitylawyer.com.

Jerry Lutkenhaus

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Answered on 1/13/10, 4:49 am
Peter M. Sweeny, Esq. Author:Virginia Workers' Compensation Case Finder

You have to be very careful in this situation. If you are released to light duty and the lower paying job being offered is also light duty, your refusal to take the lower paying job could adversely affect your workers' compensation rights. It is true that if the lower paying light duty job is all that is offered, you may be entitled to partial compensation to make up two-thirds of the difference between the lower paying job and what you were being paid when you were first hurt.

You probably should consult an experienced and knowledgeable Virginia workers' compensation attorney about this matter.

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Answered on 1/13/10, 7:39 am


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