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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 am getting paid a weekly check after I got hurt at work, but it is not the right amount. Is there anything I can do?

Answer: Yes. There are numerous ways to figure out how much you may be entitled to in terms of your compensation rate under the workers compensation statute. The amount that you are paid under workers compensation is based on your average weekly wage. That is not based on your take-home pay but your GROSS average weekly wage you typically earned with your employer before you were hurt.

We would be happy to take a look at your past earnings to help you determine whether you are being paid enough, and if your employer is choosing a fair method to make that determination. If it is clearly insufficient under the law, and if the workers compensation carrier will not voluntarily agree to remedy their mistake, a motion or hearing with the Workers Compensation Commission may be warranted to get you back pay and get your compensation checks back on track.

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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.