Legal Question in Workers Comp in Virginia
What are my options-hurt on job?
I am an electrician and was hurt on my job on 9/16/05 (arm injury). I reported this to my employer and went to the hospital on 9/20/05. The ER referred me to an orthopedic doctor and I saw him on 9/22/05. He said that I could work ''light duty.'' My employer has said that he has ''light duty'' work but that he will have to decrease my pay if I'm going to do light duty work. Can he do this?
Also, the last day I worked was 9/19/05 due to this injury. I was not paid for the days that I was off due to my injury. Am I entitled to payment?
My employer has offered me 1 week of severence pay if I quit.
What, if any, options do I have?
2 Answers from Attorneys
Re: What are my options-hurt on job?
Dear Electrician:
You have asked after an injury you are released to Light Duty Work but the Employer wants to offer you Light Duty Work at a lower wage. You have asked can he do this? The answer is under WC Law yes he can do this but the WC Insurance Carrier is supposed to pay you two thirds of the difference betweeen your pre injury salary and post injury salary as workers compensation. Of course, if you belong to a Union, then the Union contract would dictate the answer to this question under those Rules.
Jerry Lutkenhaus
Re: What are my options-hurt on job?
You are entitled to the difference between 2/3 of your pre-injury wage and the reduced light duty wage. You only get paid starting after the first 7 days following the injury. You should be careful about quitting, unless you have a new job lined up, since some prospective employers might not want to take on someone with an injury. If you quit and cannot get new employment, you might lose any benefits you are entitled to. You should do an in-depth consultation with an attorney before proceeding further.
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