WORKERS' COMPENSATION
The Virginia Workers' Compensation statute provides benefits to covered workers who are injured at work. Under workers' compensation law, a worker is entitled to benefits if he or she suffers an injury by accident arising out of and in the course of their employment. The statutory program is administered by the Virginia Workers' Compensation Commission. In most cases, benefits are available regardless of the negligence or fault of the employer or employee.
Exclusivity
The Workers' Compensation Statute is the "exclusive" remedy for workers who suffer injuries that are covered by the act. "Exclusivity" means that the employee must accept the benefits afforded by the statute in lieu of any other common law right to sue the employer or other employees for causing causing an injury. However, the exclusivity provision does not prevent most claims against third parties who are at fault for injuries sustained by workers.
Workers' Compensation Benefits
The primary benefits provided by the statute include medical benefits, wage benefits and permanent disability benefits. Workers' compensation law does not provide for compensatory or punitive damages.
Medical benefits include reasonable and necessary medical care relating to the covered accident. For covered accidents, the employer must provide the worker with a panel of at least three physicians. The selected panel physicians becomes responsible for future medical treatment and referrals to specialists. If the employer fails to provide a physician panel, the worker is free to select the physician of his or her choice.
Wage benefits are calculated at two-thirds of a worker's average weekly wage. For most persons, the average weekly wage is calculated by dividing a employee's earning over the past 52 weeks of work. The maximum weekly wage benefit, known as the average weekly wage of the Commonwealth, is calculated on an annual basis. The maximum cumulative wage benefit is limited to 500 weeks. If a worker is partially incapacitated and not offered light duty by his employer, he still has the obligation to seek work that is consistent with his medical restrictions.