Legal Question in Workers Comp in Virginia

There are two concepts one needs to understand. The first concept relates to the injury's impact on your ability to work. Does the arm injury prevent your pre-injury work? Does it limit you to Light Duty Work? Are You back working at your regular duty job?

The second concept is the permanent damage done to one's arm? If there has been an operation on the arm, the doctor can usually give a rating to the arm within 6 months or one year from the surgery. The highest percentage would be a 100% loss but that would mean a complete inability to use the affected arm. You are paid 2 weeks for each rating point.

For a settlement the first concept (its effect on one's ability to work) is often more important than the rating. For more information, check my website.

Jerry Lutkenhaus

www.virginiadisabilitylawyer.com

email at [email protected]

See below. 200 weeks and 100%. This has nothing to do with settlement.

� 65.2-503. Permanent loss.

A. Compensation for permanent partial and permanent total loss and disfigurement shall be awarded as provided in this section.

B. The following losses shall be compensated for the period specified at the rate of 66 2/3 percent of the average weekly wage as defined in � 65.2-101:

Loss Compensation Period

1. Thumb 60 weeks.

2. First finger (index finger) 35 weeks.

3. Second finger 30 weeks.

4. Third finger 20 weeks.

5. Fourth finger (little finger) 15 weeks.

6. First phalanx of the thumb or any finger one-half

compensation for

loss of entire

thumb or finger.

The loss of more than one phalanx of a thumb or finger is deemed the loss of the entire thumb or finger. Amounts received for loss of more than one finger shall not exceed compensation provided for the loss of a hand.

7. Great toe 30 weeks.

8. A toe other than a great toe 10 weeks.

9. First phalanx of any toe one-half

compensation for

loss of entire

toe.

The loss of more than one phalanx of a toe is deemed the loss of the entire toe.

10. Hand 150 weeks.

11. Arm 200 weeks.

12. Foot 125 weeks.

13. Leg 175 weeks.

14. Permanent total loss of the vision of an eye 100 weeks.

15. Permanent total loss of hearing of an ear 50 weeks.

16. Severely marked disfigurement of the body not exceeding 60

resulting from an injury not otherwise weeks.

compensated by this section

17. Pneumoconiosis, including but not limited to

silicosis and asbestosis, medically determined to

be in the

a. First stage 50 weeks.

b. Second stage 100 weeks.

c. Third stage 300 weeks.

18. Byssinosis 50 weeks.

C. Compensation shall be awarded pursuant to � 65.2-500 for permanent and total incapacity when there is:

1. Loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof in the same accident;

2. Injury for all practical purposes resulting in total paralysis, as determined by the Commission based on medical evidence; or

3. Injury to the brain which is so severe as to render the employee permanently unemployable in gainful employment.

D. In construing this section, the permanent loss of the use of a member shall be equivalent to the loss of such member, and for the permanent partial loss or loss of use of a member, compensation may be proportionately awarded. Compensation shall also be awarded proportionately for partial loss of vision or hearing.

E. Except as provided in subsection C, the weekly compensation payments referred to in this section shall be subject to the same limitations as to maximum and minimum as set out in � 65.2-500.

1. Compensation awarded pursuant to this section shall be payable after payments for temporary total incapacity pursuant to � 65.2-500.

2. Compensation pursuant to this section may be paid simultaneously with payments for partial incapacity pursuant to � 65.2-502. Where compensation pursuant to this section is paid simultaneously with payments for partial incapacity pursuant to � 65.2-502, each combined payment shall count as two weeks against the total maximum allowable period of 500 weeks.

(Code 1950, � 65-53; 1964, cc. 116, 190; 1968, cc. 347, 660, � 65.1-56; 1970, c. 470; 1972, c. 229; 1975, cc. 446, 450; 1976, c. 655; 1982, c. 326; 1983, c. 287; 1987, c. 560; 1988, cc. 564, 596; 1991, c. 355; 1997, c. 511; 2000, c. 520.)

--------------------------------------------------------------------------------

prev | next | new search | table of contents | home