How Do Virginia Workers’ Compensation Attorneys Determine the Value of a Permanent Injury?
In Virginia, the weekly workers' compensation rate is calculating by multiplying the injured workers' average weekly pay over the 52 weeks before the accident by 66%. This is intended to reflect a workers' pre-accident take home pay as workers' compensation benefits are not taxable and therefore not subject to withholding.
In the case of a permanent injury, Virginia allows the following payments for complete loss of the body part listed. In the case of a partial loss of use of one of the body aprts listed below, the percentage of loss is multiplied by the total weeks allowed for the body part.
For example, the complete loss of a hand is paid at 150 weeks of pay. A 50% loss of use of a hand, would be paid at 75 weeks or 50% of 150 weeks.
This table is located at Virginia Code Ann. § 65.2-503.
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.