Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

Anyone know the formula used for final WC settlement in Va?

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Anyone know the formula used for final WC settlement in Va?

    Actually asking for my Mother...she's a registered Nurse who broke her wrist last year and finally had to have her wrist fused. She is in Virginia. Anyway she just met with the doctor for the final time and they rated her at 30% disability. Does anyone know the formula used for how much she will receive in her final settlement? Any help would be greatly appreciated.

  • #2
    In VA the hand is worth 150 weeks, and arm 200 weeks. You will have to check with an attorney to see what the wrist is considered in VA. That one always seems to cause controversy. At any rate the award would be based on 2/3 of the average weekly wage, subject to the minimum and maximum rates ($184 and $736).

    Say you mother makes $600 a week. Her “comp rate” would be $400.

    If we assume the wrist is the arm, it would be calculated as follows for a 30% disability rating.

    .3 x 200 x 400= 24,000

    Bear in mind that the employer and insurer will also get her rated and their rating will inevitably be lower. Usually the % used is somewhere between the two.
    I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

    Comment


    • #3
      Thank you Elle. Supposedly...the doc was a hand specialist and has never had any of his ratings challenged as it is all done on a computer. The testing of strength and rang of motion and so forth. Also she worked for a full year before she couldn't take it anymore and was referred to him and he found the break..whereas 2 docs she works with never saw it. So according to the doc that did the work they are in a hurry to close this one out *LOL*

      Also....are you sure on the maximum? The reason I asked is she made $92,000 last year and while she was off for the 8 weeks after surgery they paid her 2/3 of her gross for the previous 24 months. Anyay that's quite a difference between $700+ and $1700+ per week. Any clue on that.

      I appreciate you taking the time to help.

      Comment


      • #4
        Straight from the website www.vwc.state.va.us/annual_update.htm

        New Maximum and Minimum Compensation Rates

        The compensation rate is adjusted each year on July 1. Effective July 1, 2005, the maximum rate is $736.00, and the minimum rate is $184.00. The cost of living increase will be 3.35%, effective October 1, 2005.

        Her employer may have supplemented her wages or, you also have to realize that what is received from WC is tax exempt. So, it didn't have the usual deductions her paycheck would have.


        I hate to break it to you but there is no such thing as a set formula for degree of disability. Every doctor who has ever evaluated anyone swears his is absolutely accurate and scientific. I would be beyond shocked if the insurer just accepted his rating without obtaining one of their own. 30% as far as WC goes is fairly high. It may not seem like it but it really is. Most of those with a 30% rating have severe long term effects and often have limited functioning in that body part. If that is not the case, I'd be prepared for a lower ultimate award.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

        Comment

        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
        Working...
        X