Legal Question in Workers Comp in Virginia

Workers Comp salary payment

I have been informed by my employer that I am entitled to WC payment of 60% of my salary or I have to use my earned sick leave. They say I cannot use my sick leave to cover the other 40%. They also say they are not responsible to cover any of my lost time even though my injury occurred due to negligence of the building maintenance. Is all this true?


Asked on 2/04/09, 12:44 pm

2 Answers from Attorneys

Cary Moseley Law Office of Cary Powell Moseley, PLLC

Re: Workers Comp salary payment

No.

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Answered on 2/04/09, 12:46 pm
Gerald Lutkenhaus Virginia Workers Compensation & Disability Lawyer

Re: Workers Comp salary payment

As a Virginia Workers Compensation Lawyer for 35 years, I can tell you the following:

WC is 66 2/3 of your salary;

WC is payable for a compensable claim;

WC is not payable if your disability is less than 7 days;

WC is payable starting the 8th day but if your disability lasts more than 21 days, then the first 7 days must be paid; and

WC does pay medical coverage for your injury for a compensable claim for the rest of your life.

To protect your rights, you should file a claim with the Virginia Workers Compensation Commission.

Contact me if you have a permanent injury or a prolonged disability.

Jerry Lutkenhaus

Check my website for more information:

http//www.virginiadisabilitylawyer.com

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Answered on 2/04/09, 12:54 pm


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