Legal Question in Workers Comp in Virginia

Re: How is settlement paid?

Dear Mr. Corish:

You indicated you have suffered a 60% loss of a hand. You did not indicate if you are currently on compensation; however, I assume you are. If so, you can receive your current weekly compensation for 500 wks. If you never return to any form of work, then you will never be paid for the 60%; however, if you return to some form of work, then you can be paid the 60%. If the 60% loss is only to your hand and does not affect your arm, then the 175 wk figure is correct. However, the ins co may want to settle your whole case and not just the impairment rating. I would need to discuss this further with you.

Gerald G. Lutkenhaus (30 yrs doing Virginia Workers Compensation issues)

Re: How is settlement paid?

No, the value is 150 weeks times 2/3 of your pre-injury average weekly wage times 60%. I assume the $655.47 represents the 2/3. Therefore, .60 times 150 times $655.47=$58.992.30. However, for a lump sum settlement that amount must be reduced by a statutory discount rate of 4%. You may call Jane Groves at the Va. Worker's compensation office in Richmond, Va. to obtain the discounted amount. (804)367-2730.

But, the compensation insurer does have the option to pay over time--you cannot force payment of a lump sum. If you have any questions, call me at (703)860-2541