Calculating Your Basic Compensation Benefit if You Are Hurt on the Job in Virginia

Posted on Monday, June 27th, 2016 at 2:00 pm    

The Virginia Worker’s’ Compensation website includes an online calculator to help you determine the basic amount of lost income you are due. The best course of action is to have your attorney determine the amount. An injured work lawyer knows what information is needed and how all the calculations are done. Some of the key factors in deterring basic compensation are:

  • The date of the injury
  • Your average weekly wage
  • Your partial weekly wage
  • Your compensation rate
  • The start date of compensation
  • The end date of compensation
  • The total amount of weeks you are due compensation
  • The total amount of compensation due
  • The total amount of compensation paid

Get help with your work injury case today.

Getting the right result in you work injury case requires an experienced Virginia work injury lawyer. Someone who knows the broad arguments but who also pays attention to the details. Joe Miller Esq. has helped thousands of clients get a just recovery for work injuries and illnesses in Virginia. Call Joe Miller at the Work Injury Center today for a consultation at 888-694-1671. You can also complete his contact form.

Links to the Virginia Workers’ Compensation Law

Posted on Wednesday, June 22nd, 2016 at 2:00 pm    

Injured Workers can find a lot of useful information on the state Worker’s Compensation Site. One useful link is as follows:

This link provides the various sections of the state workers’ compensation law. Your Virginia injured worker lawyer understands the law and what each section means for you. It is best to review your case with an experienced Virginia Workers’ Compensation attorney.

The main sections of the law are listed below:

Chapter 1

Definitions and General Provisions

Chapter 2

Virginia Workers’ Compensation Commission

Chapter 3

Application and Effect of Title

Chapter 4

Occupational Diseases

Chapter 5

Compensation and Payment Thereof

Chapter 6

Notice of Accident; Filing Claims; Medical Attention and Examination

Chapter 7

Procedure in Connection with Awards

Chapter 8

Insurance and Self-Insurance

Chapter 9

Reports and Records

Chapter 10

Administrative Fund and Tax Therefor

Chapter 11

Second Injury Fund

Chapter 12

Uninsured Employer’s Fund

Chapter 13

Peer Review of Medical Costs

Speak with an experienced Virginia Workers’ Compensation attorney today

Attorney Joe Miller has been helping workers injured in Virginia and North Carolina for over 25 years. He has helped thousands of clients get justice from the Virginia Workers’ Compensation Commission and your employer. Joe Miller understands the arguments employers and insurance companies make to try to deny or limit your benefits. He fights to get workers all the money they deserve. Phone lawyer Joe Miller today at 888-694-1671 to discuss your case or fill out his online contact form.

Virginia Allows for Reimbursement of Rehabilitation Expenses

Posted on Monday, June 20th, 2016 at 2:00 pm    

The Virginia Workers’ Commission recognizes the difficulties workers have in trying to get healthy enough to work again. One of those difficulties is advancing a lot of funds that they do not really have. Workers who keep accurate records should get reimbursement for the following vocational rehabilitation related expenses, if they are reasonable:

  • Mileage costs to vocational rehabilitation meetings
  • Obtaining or returning applications
  • Attending interviews
  • Costs incurred for telephone calls
  • Photocopying
  • Postage
  • Obtaining DMV and other records

“If the claimant does not have access to transportation, it is the responsibility of the employee to notify the vocational rehabilitation provider. The vocational rehabilitation provider should contact the carrier regarding the issue and make appropriate arrangements as directed/approved by the carrier to insure the employee’s attendance at meetings and interviews. This may include the carrier forwarding mileage payments in advance or arranging appropriate alternative transportation. The employee must provide information explaining why transportation is/is not available.”

Helping injured workers get all the benefits they deserve

Virginia Workers’ Compensation Lawyer Joe Miller understands that every penny counts. He explains all the benefits that workers are allowed including what expenses can be reimbursed.  Attorney Miller advises clients on how to keep proper records so reimbursement will be approved. For help with any aspect of you Virginia work injury claim, call attorney Joe Miller at the Work Injury Center at 888-694-1671 or complete his contact form. He is ready to help you now.

Responsibilities of an Injured Employee

Posted on Wednesday, June 15th, 2016 at 2:00 pm    

Injured employees in Virginia must meet several basic requirements in order to be eligible for benefits. An experienced Virginia workers’ compensation benefits will work to help employees comply with these requirements. The lawyer will answer your questions and work to maximize the amount of total benefits.


  1. Give notice to the employer as soon as possible.
  2. File a claim with the Workers’ Compensation Commission within two years from
  • The date of the accident or
  • The date the doctor diagnoses an occupational disease.
  1. Select a doctor from a panel of three provided by the employer/carrier. Do not change doctors without employer/carrier permission or after a hearing by the Commission.
  2. Seek and accept employment if released to light duty and not under an Award, and if under an Award, cooperate with vocational rehabilitation.
  3. Do not refuse treatment with your doctors.


Injured at Work? Virginia Injured Worker’s Lawyer Joe Miller explains your rights and duties

Joe Miller understands all aspects of Virginia workers’ compensation law. He has been helping injured and ill workers get justice for over 25 years. He takes the hard cases. He anticipates many of the arguments defense lawyers make. Joe Miller fights to get clients all the benefits they rightfully deserve. Phone lawyer Joe Miller at 888-694-1671 and ask for Joe Miller, or email

Vocational Rehabilitation Benefits in Virginia Work Injury Cases Explained

Posted on Monday, June 13th, 2016 at 2:00 pm    

Employees who cannot return to their pre-injury employment but can work because their health has returned but must look for light duty work or alternative work may be entitled to vocational retraining.

Which you have to do depends on whether you are under an Open Award. If you are not under an Open Award, then you are required to seek employment within your restrictions on your own. This is called marketing your residual capacity.

If you are under an Open Award, then it is the employer and comp carrier’s burden to prove you are able to work if they wish to stop your benefits. This is often done through vocational rehabilitation.

“The two goals of vocational rehabilitation are to restore the employee to gainful employment, and to relieve the employer’s burden of future compensation. Rehabilitation providers should attempt to find employment within the employee’s medical restrictions consistent with the employee’s pre-injury position and salary level, and the provider should take into account such factors as distance, transportation costs, and actual anticipated earnings from the potential job, when considering such alternative employment.”


An experienced Virginia workers’ compensation attorney understands the process, how much retraining is normally authorized, and many of the practical issues such as all the little expenses association with training – fees, books, tuition, transportation, etc.


The fact is you must be on guard if you have been asked to participate in vocational rehabilitation. I urge you to DOWNLOAD MY BOOK to learn more about what the process is really all about.


Injured at Work? Contact an experienced work injury lawyer now.

Attorney Joe Miller has the experience and resources to professionally handle every aspect of your Virginia Worker’s compensation claim. He has written books on Virginia workers’ compensation law, representing thousands of clients, and obtained strong results for his clients. He has been helping Virginia workers for over 25 years. Call lawyer Joe Miller at 888-694-1671 for an appointment or complete his online contact form.

What are Cost of Living Benefits in Virginia (COLA)

Posted on Friday, June 10th, 2016 at 2:00 pm    

A Cost of Living Increase is also known as Cost of Living Allowance or COLA. The aim of the COLA is to adjust wages for inflation.

Workers who receive temporary total, permanent total or death benefits pursuant to an Award are entitled to a COLA effective October 1 of each year if the date of the accident is prior to July 1 of that year and if the combination of compensation and Social Security benefits are less than 80% of the pre-injury earnings.

Cost of living increases must be specifically requested by the employee. They are not automatically generated. You may be able to ask for a COLA online, but usually the Commission will send you a form that you must have signed by someone at the Social Security Administration vouching that you are not receiving SSDI.

A skilled Virginia workers’ compensation attorney makes sure clients make timely COLA requests each year.

When considering an overall settlement of you benefits, it is important to make the proper necessary adjustments for inflation.

Get all the work injury benefits you deserve.

Virginia workers’ compensation attorney Joe Miller has the experience and skills to professionally handle each part of your work injury case. He understands the full legal issues and the practical issues in Virginia worker’s compensation cases. He has helped thousands of clients during his 25 plus years of work get the full benefits they earned. He fights aggressively for each and every client no matter the size and scope of the injuries. Make the call today by phoning Joe Miller at 888-694-1671 or ask for Joe Miller by email

What are Employee Death Benefits in Virginia Accident or Occupational Illness Cases?

Posted on Wednesday, June 8th, 2016 at 2:00 pm    

The families of employees who die due to a workplace accident or occupational illness are entitled to the following death benefits under the Virginia Workers’ Compensation Act:

Which family members can get benefits?

  • A surviving spouse,
  • Children under 18,
  • Children under 23 enrolled full time in an accredited educational institution,
  • Parents in destitute circumstances
  • Other qualifying dependents may be entitled as well

Death benefits include:

  • The lost wages the worker would have received if he or she had survived
  • Funeral expenses not to exceed $10,000
  • Transportation cost of $1,000.

Did a family member die while working? Virginia lawyer Joe Miller can help

Joe Miller, Esq. has been helping injured workers get justice when work injuries or work illnesses happen. His work includes representing the families of loved ones who died due to a workplace accident or illness. He fights for spouse, children, and even parents to get payment for lost wages, funeral expenses, and transportation costs. Call attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or email

What are Permanent Partial Benefits and Permanent and Total Disability Benefits in Virginia

Posted on Monday, June 6th, 2016 at 2:00 pm    

Injured or ill workers may be entitled to additional benefits if their injury or partially or total permanent.

Permanent Partial Impairment (PPI) Benefits. “Separate benefits are payable for the permanent loss of use of a body part such as an arm, leg, finger, or eye. Vision and hearing loss, as well as disfigurement may also be compensated. This does not include the back, neck or body as a whole. Benefits are for a specific number of weeks depending on the percentage of loss. The employee can receive these benefits while working if maximum medical improvement has been reached.” These impairments are called ratings and are expressed as a percentage of impairment. To learn more about ratings, WATCH THIS VIDEO.

Permanent and Total Disability. “Lifetime wage benefits may be payable if an individual loses both hands, arms, feet, legs, eyes, or any two in the same accident, or is paralyzed or disabled from a severe brain injury.” If you have received an injury to two ratable body parts and these injuries interfere with your ability to work, you may be looking at permanent and total disability benefits. If this is you, then you may have a much more significant case than you realize, because you may be entitled to LIFETIME workers comp checks. This is not something that the insurance company is going to volunteer to you.

Get help now for your Virginia workers’ compensation case.

If you were hurt at work, you need someone who will fight for you. The insurance carrier for the employer will fight to deny your claim or minimize your benefits. Virginia workers’ compensation attorney Joe Miller anticipates many of the arguments defense lawyers and insurance companies make. He fights hard to make sure your disability is properly categorized. You may have a significant recovery coming your way. Phone attorney Joe Miller at 888-694-1671 to discuss your claim or complete his online contact form.

Lifetime Medical Benefits in Virginia Workers’ Compensation Cases Explained

Posted on Friday, June 3rd, 2016 at 2:00 pm    

Injured workers who qualify for workers’ compensation benefits are entitled to do everything they can reasonably due to get healthy and stay well. This means employers must pay, through their insurance carrier or self-insurance the following:

  • All hospital bills
  • Doctor visits
  • Medical devices including prosthetics, braces, and walkers
  • Medication prescriptions
  • Transportation expenses to the doctor’s office and back

The employer/carrier must give the employee a list of three physicians to choose from. The physicians must be doctors who can treat the injuries the employee has. The employee then chooses one doctor from this list. If the employer/carrier does not provide a list, the employee can select his own doctor.

Once the medical treatment starts, the patient cannot switch doctors without the approval of the employer/carrier or after a hearing. Your Virginia work injury attorney will explain when and how patients can switch doctors.

Workers must follow through with the recommended treatments. A failure to do this can result in benefits being cut off.

Call Virginia injured worker’s lawyer Joe Miller for strong legal counsel.

Virginia attorney Joe Miller fights for injured workers. He has helped thousands of injured workers get justice when workplace accidents happen. He works to help workers get the medical care they need and the lost wages they deserve. He knows the ins and outs of the workers’ compensation laws in Virginia because he has done this work for over a quarter century. Call attorney Joe Miller at 888-694-1671 or fill out his contact form for an appointment.

What are Wage Replacement Benefits in Virginia?

Posted on Wednesday, June 1st, 2016 at 2:00 pm    

Employees who are injured while working in Virginia are entitled to compensation if they cannot work due to a workplace accident of illness.

During the time the work spends on getting healthy, the worker who qualifies for benefits receives 2/3rds of the gross weekly wage up to 500 weeks. There are a few exceptions to this rule:

  • Workers do not get paid lost wages for the first week/7 days unless they are unable to work for three weeks.
  • Workers with a permanent total disability get their wages for life. There are limited categories for these injuries.
  • Workers with a permanent partial disability get their wages for a predetermined number of weeks depending on the type of disability they have and the percentage of impairment assigned.
  • Workers who return to regular work at a light duty job may get less pay. This type of worker get 2’3 of the difference between their pre-injury pay and their post-injury pay. This is known as temporary partial disability or TPD.

When workers reach their maximum medical improvement, an overall settlement of their wages and projected future medical expenses may be a possibility.


Strong Representation for Injured Workers in Virginia

Workers’ compensation lawyer Joe Miller has been helped thousands of Virginia workers get the benefits they deserve. He has been helping injured workers for over 25 years file their claims and prepare their cases for hearing. He negotiates fair settlements before mediators and works to maximize your benefits. He fights to get the right classification of your disability. Make the call today to Joe Miller at 888-694-1671 and ask for Joe Miller, or email

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