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Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

I have been released by the workers compensation doctor, and they gave me a rating. They also told me I cannot go back to my job, because of my physical restrictions. Are you telling me that all I am entitled to is the lousy few weeks of payment from my impairment rating?

Answer: Not necessarily! Under Virginia Workers Compensation Law, there are several different ways to approach any compensation injury. Just because you got a permanency rating, that does not necessarily mean that is all you could potentially get from a settlement. As we discussed previously, much of this depends whether or not you are under an Open Award at the time of your release with restrictions.

If, for instance, if you are under an Open Award and it is clear that due to your physical restrictions from the injury, age, and lack of education to obtain a job within those restrictions, it would now be futile and almost impossible for you to find a suitable job, then your injuries may have rendered you disabled to the point that you are likely to obtain the entire 500 week period of compensation. This is true even though you were only given a partial impairment rating on the part of your body that was hurt.

Also, if you received severe injuries to two ratable body parts, and you are unable to work, in that case, you may be entitled to compensation for the remainder of your life. You should contact us to discuss how these factors may impact any potential resolution of your specific case.

Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.