Virginia Permanent Partial Disability Workers’ Compensation and Settlements

In Virginia, you may be entitled to certain benefits if you are hurt at work or develop an occupational illness. The Virginia Workers’ Compensation Act provides injured workers with medical benefits, lost wages, and other benefits for work-related injuries. The system is no-fault, meaning you don’t have to prove that your employer did anything wrong to recover.

In some cases, an injured worker may not ever fully recover from their illness or injury. They may be eligible for a special type of benefit known as permanent partial disability (PPD). PPD benefits are awarded in cases where a person is still able to work but suffers some degree of permanent disability.

At Poole, Brooke, Plumlee, our Virginia workers’ compensation attorneys advocate for injured workers who suffer both temporary and permanent disabilities at work. We offer free consultations for workers’ comp claims and will work hard to help you get maximum benefits for your injuries. Reach out to our law firm today to schedule an appointment with a member of our team. 

What Is Permanent Partial Disability Compensation?

In Virginia, employees who are hurt at work or who develop an occupational illness may be eligible for workers’ compensation benefits. There are two main types of benefits: medical treatment and lost wages. Lost wages are further broken down into four categories:

• Temporary total disability (TTD)
• Temporary partial disability (TPD)
• Permanent partial disability (PPD)
• Permanent total disability (PTD)

Generally, a person who suffers an on-the-job injury will receive temporary disability benefits. They will receive temporary total disability if they cannot work due to their injury. When their doctor releases them to work with restrictions, they will receive temporary partial disability to make up for any loss of earnings due to the restricted status.

A person may be eligible for PPD benefits when they suffer a permanent injury but are still able to work. This happens when a doctor determines that their injury has reached a state of “maximum medical improvement” (MMI) and is not expected to improve significantly. They will then be evaluated for an impairment rating. 

If an injured worker has a permanent impairment rating of greater than 0% to a body part or body function, they could be eligible for PPD benefits. For purposes of PPD benefits, an injured worker might receive compensation for a permanent disability involving a finger, toe, hand, arm, foot, leg, vision, hearing, disfigurement, or certain lung diseases.

Proving that you qualify for PPD benefits can be challenging. The Virginia Workers’ Compensation Board requires specific medical documentation from an authorized treating physician. Our Virginia workers’ compensation lawyers will work with you to help you qualify for permanent partial disability benefits – and get the maximum amount that you are entitled to under the law.

Permanent Partial Disability Compensation and Settlements

If you qualify for PPD benefits, then you may receive compensation for up to 200 weeks. This compensation will be 66 and ⅔ of your average weekly wage prior to your accident. These compensation amounts are defined by Virginia law.

The amount of compensation that you may receive will depend on your average weekly wage, the body part or function affected, and the severity of your injury. For example, if you lose your arm in a workplace injury, then you may be eligible for up to 200 weeks of PPD benefits. If you lose your fourth finger (little finger), then you will receive up to 15 weeks of PPD compensation.

Many Virginia workers’ compensation cases are resolved through a settlement. After a work injury, your employer’s workers’ compensation insurance company will either accept or deny your claim. In either situation, you may choose to settle the claim on a full and final basis.

This means that you will receive a lump sum of money (the settlement) in exchange for releasing the insurance company and your employer from any future claims related to the accident. These settlements usually come after an injured worker makes a demand by requesting a certain amount of money to resolve the case.

For any case involving a permanent disability, a settlement demand should include both past and future lost wages. The amount of compensation that you are entitled to will be based on your permanent impairment rating, which is a number between 1 and 100%, along with the body part(s) affected.

Once a workers’ compensation settlement is reached, the Virginia Workers’ Compensation Commission must approve the agreement. A Deputy Commissioner will review the documentation and determine if the settlement is in your best interests. If so, then the settlement will be approved and you will receive a settlement check from the insurance company.

Calculating the value of your wage loss and PPD benefits can be complicated. It involves advocacy to ensure that you get the proper impairment rating as well as the benefits that you are entitled to under the Virginia guidelines. Our Virginia workers’ compensation attorneys will fight for your right to full benefits for your workplace injury.

How Can a Virginia Workers’ Compensation Attorney Help Me?

The basic premise of the Virginia workers’ comp system is simple: when a worker suffers an injury at work, their employer is responsible for paying for their medical treatment and lost wages. In practice, however, the system is fairly complex. This is particularly true for cases involving any type of permanent disability.

A Virginia workers’ compensation attorney will work with you to ensure that all of the appropriate paperwork is completed and filed promptly. They will also help you get the necessary medical documentation to support your claim. Virginia law requires specific proof of impairment for PPD cases, so you must have the right evidence to avoid an unfair claim denial.

Insurance companies are notorious for denying valid claims, including workers’ comp claims. An insurer may argue that your injury wasn’t work-related or contest the severity of your injuries. They may also argue that you aren’t permanently disabled and that you are able to return to work without restrictions.

The best way to ensure that you get the benefits that you are entitled to under the law is by working with an experienced Virginia workers’ compensation lawyer. Our law offices will analyze your case, consult with experts, and put together a strong claim for benefits. We will attempt to negotiate a favorable settlement – and if the insurance company refuses to offer you a fair settlement, we will take the case to a hearing to get you the benefits that you deserve for your injury.

Hurt at Work? We’re Here for You.

Many workplace injuries resolve quickly, after a few weeks or months. Unfortunately, some people suffer such serious injuries that they are permanently affected. In these cases, a Virginia workers’ compensation lawyer can help you get the PPD benefits that you are entitled to under the law.

At Poole, Brooke, Plumlee, we work with employees who have been hurt or developed an illness related to their jobs. We have years of experience with types of workers’ comp claims, including those involving permanent partial disability benefits. To learn more or to schedule a consultation with a Virginia workers’ comp attorney, give us a call at 757-499-1841 or fill out our online contact form.

I Settled My PPD Claim. When Can I Expect a Check?

All workers’ compensation settlements in Virginia must be approved by the Commission. This process typically takes approximately 2 weeks. Once the settlement has been approved, then the insurance company has 44 days to mail you a settlement check. This means that you will probably be paid within 2 months of settling your claim.

If the insurance company does not send you a check within 44 days, then they may be fined and required to pay your attorney’s fees. Your lawyer can work with you to ensure that you get the compensation that you deserve – and that you are paid promptly. Contact Poole, Brooke, Plumlee today to talk to a Virginia workers’ comp attorney.

How Much Is My Workers’ Compensation PPD Claim Worth?

The value of a workers’ compensation claim depends on many factors. Generally, any case involving a permanent disability will settle for a higher amount than a case involving a temporary disability. Other factors that affect the value of your case include the nature and severity of your injury, the pain and suffering that you have experienced, any uncovered medical expenses, your future medical costs, your average weekly wage, and your reduced earning capacity.

The best way to get maximum compensation for your workplace injury is to work with an experienced Virginia workers’ compensation attorney. Contact Poole, Brooke, Plumlee today to schedule a free consultation with a member of our legal team.

How Can I Afford to Pay a Lawyer for My PPD Workers’ Comp Claim?

Most Virginia workers’ comp claims are handled on a contingency fee basis. This is a special type of fee agreement where the client does not pay anything up-front. Instead, if your case results in a favorable outcome (such as an approved claim or a settlement), you will pay a percentage of your compensation benefits as a fee. If you don’t win your case, then you won’t pay a fee.

The Virginia Workers’ Compensation Commission must approve the fee agreements. Typically, the Commission will approve a fee of 20% or lower.  If you have been hurt at work, you can count on Poole, Brooke, Plumlee to fight for your best interests. Reach out to our law firm today to schedule a free consultation with a Virginia workers’ comp lawyer.