Legal Question in Workers Comp in Virginia
At work my brother had his finger broken while holding materials for a coworker as he hammered it. As I understand WC pays 2/3 of one's wages and that is what he will recieve. However, his boss asked that he show him his WC check so that they could reclaim wages they paid him for this current week. Is it legal for them to ask the amount of his check? And, if he was told he would be paid by the company on top of his WC check why would they ask for the money back. Or, why would they offer the paycheck for my brother if they knew he was going to receive WC. Is he obligated to show the amount of his check or allow them to take back money they as a company have paid him?
2 Answers from Attorneys
They can obtain the info from the payor so I would think he would value his job enough to just give them the info. He can not "double dip" if that is what happened here and I doubt anyone told him that. Good luck.
Your brother is entitled to workers' compensation which is two-thirds of his average pay. If he receives full pay from his employer, he should not also receive workers's compensation for that week. His employer can simply contact the workers' compensation insurance company to determine the amount of the workers' compensation benefits being paid. Some companies pay full pay and then have the workers' compensation paid to them, but that is rare and is not really encouraged by the Virginia Workers' Compensation Commission. What the Commission will not allow, however, is double payment.
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