Friday, September 13, 2013

How to get Partial Workers Compensation in Virginia

If on partial workers comp disability in Virginia, these are the rules.


Marketing in Virginia Requires 5 Job Applications Per Week

If an employee has an injury but is not totally disabled but only partially disabled, then the employee cannot get Virginia Workers' Comp payments unless the employee does marketing or a job search. The Virginia Workers' Compensation Commission has now decided that the minimum requirements for marketing are filing five (5) job applications per week and registering with the Virginia Employment. The job applications must be for jobs that are within the work restrictions set by the treating physician.


A Light Duty Job May Not Be Enough

If the employee finds a light duty job, the employee may want to request partial compensation if the light duty job pays less than the pre-injury job. However, the light duty job may not end the marketing requirement. In the recent case of Ford Motor Co. v. Favinger, 275 Va. 83, 654 S.E.2d 575 (2008), the Virginia Supreme Court said the mere finding of light duty work does not negate the requirement of marketing if the light duty work pays less than the pre-injury work. Thus, if the employee had been making $800.00 per week pre-injury and the employee finds a light duty position paying $400.00 a week, the employee cannot expect partial workers' compensation to make up the difference (without doing additional marketing). The employee with the $400.00 per week position probably does not have to do five (5) job applications per week but the employee may have to continue to apply for at least one (1) to (2) job applications per week if the employee expects partial compensation.


Why a Job Seach is Still Required after a Part-time Job

The rationale for this is making only $400.00 per week indicates you are not doing as well as your pre-injury job. It also means you "possibly" could still make $800.00 a week with the right light duty job. Thus, a job search is still required even though you have a light duty job.


An Experienced WC Attorney

Of course, it is always helpful to consult an experienced Virginia Workers' Compensation Attorney if you have questions about this. If you want a free consultation on your Virginia Workers' Compensation Case: call now at 804-358-4766 or 1-800-256-8862 or email me at