If an employee is injured but not fully disabled but only partially disabled, the employee is unable to get help from a Virginia worker. Please make a payment unless the employee is marketing or looking for a job. The Virginia Workers' Compensation Committee has now determined that the minimum requirement for marketing is to submit five [5] job applications per week and register with the Virginia Employment Department. The job application must be within the work limits set by the attending physician.
If an employee finds a light job, if the light work is paid less than the pre-injury work, the employee may request partial compensation. However, light work may not terminate marketing requirements. In the most recent case from
Ford Motor Company V. Favinger from
The Virginia Supreme Court stated that it was 275 Va. 83,654 SE2d 575 [2008], if the cost of light work is lower than the pre-injury work, the advantages of light work does not negate the marketing requirements. Therefore, if an employee earns $800.00 a week before the injury and the employee finds a light position that pays $400.00 a week, then the employee cannot count on some workers. Compensation to make up for the difference [no extra marketing]. A $400.00 per week employee may not need to make five [5] job applications per week, but if the employee may have to continue to apply for at least one [1] to [2] job applications per week, they are expected to receive partial compensation.
The reason for this is that you only need $400.00 a week, which means that your performance is not as good as your pre-injury work. This also means that you "may" still earn $800 a week through the right light work. Therefore, even if you have a light job, you still need to ask for a job.
Of course, consulting experienced Virginia workers is always helpful. Compensation lawyer if you have questions about this.
According to the Virginia State Code of Professional Conduct, this may be considered an advertising or advertising material. This description is for general information only. The information provided in this note should not be considered a formal legal advice or a formation of a lawyer/client relationship.
Orignal From: Virginia Workers' Compensation Act may require finding work and even partial disability benefits
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