Impairment Rating: A determination of the percentage loss or loss of use a body extremity. Impairment ratings involving permanency benefits are made by a physician and are based on American Medical Association guidelines. Impairment ratings for disfigurement and scarring are generally made by the Commission. The potential weeks that are available for each body part are set forth in the Virginia Statute for Permanent Impairment. This is section 65.2-503 of the Virginia Code.
Indemnity. “Reimbursement/compensation for loss.” This typically refers to the portion of your claim relating to the workers compensation check you receive each week. It can also refer to the weeks of payments you may be entitled to due to any permanent partial impairment rating.
Independent Contractor: A key issue in Virginia Workers’ Compensation cases. Please see the last chapter in Joe Miller’s book 10 Traps and Lies that Can Ruin Your Virginia Workers Compensation Case. Generally, only employees are entitled to worker’s compensation benefits, not independent contractors. For this reason, employers and insurance companies often try to show a worker was an independent contractor.
This is a popular ruse nowadays because declaring all employees independent contractors also makes it easier on employers as they are not required to carry health insurance or pay payroll taxes for independent contractors. In many cases, the use of the term to describe workers for a business is a total sham.
Some of the key considerations are whether the employer can control the worker’s work, has the power to discharge the worker, and whether the employer paid the worker as an employee or independent contractor.
The fact that the employer has had the worker sign some kind of document or contract which states that the workers understands he or she is an independent contractor is useless. The Commission will give essentially no weight to such a document, but will rather look at the facts on the ground re the control of the work, power to fire, whether there were specific rules to follow, etc.
We have seen rather large businesses try to get away with this nonsense, and in many cases, just the threat of exposing that their business model is essentially illegal is enough to get them to settle the worker’s case.
Virginia Lawyer Fights for Injured Workers
Joe Miller has the experience and skills to professionally handle every aspect of your work injury claim. He fights to get workers their medical benefits, lost wages and other benefits such as vocational rehabilitation. You may be entitled to a substantial recovery. Phone attorney Joe Miller at 888-694-1671 and ask for Joe Miller, or email jmiller@joemillerinjurylaw.com.
