In Virginia, Can You Get Lifetime Workers' Compensation Due to a Work Place Injury?

In Virginia, the normal work place injury claim onlylegs could stand a fair chance if there also was a
allows you 500 weeks of compensation. Of course, ingood opinion that the injured worker's legs due to
order to be paid this 500 weeks of compensation,this loss could not be used in "gainful employment."Of
you either have to show you are "totally disabled" orcourse, since the worker is asking for lifetime
that you are "partially disabled" and cannot get a lightcompensation, the workers' compensation insurance
duty job due to your "partial disability."But whatcompany will often fight these cases very vigorously.
happens when you are still "totally disabled" and theAs a result, it often can come down to a battle of
500 weeks expires? Virginia does allow some casesexperts regarding (1) whether the back injury has
to go for payment of compensation for your lifetime.caused a loss of use of the worker's legs; (2) what is
These fall into two areas. First, if your accident hasthe proper permanent ratable loss of the worker's
caused an injury to the brain so severe as to renderlegs; and (3) whether there is or is not some work
you unemployable, then you can receive lifetimethe worker could do involving his injured legs (or
compensation. Second, if your accident has causedarms). The Virginia Workers' Compensation will
the loss of both eyes, both legs, both arms, bothconduct a hearing and render a decision. If either
hands, or any combination of two of the above, thenparty is unhappy with the result, then that decision
you can receive lifetime compensation.The Virginiacan be appealed from the Hearing Deputy
Workers' Compensation has decided the injuredCommissioner to the Three Commissioners who run
worker does not have to show total loss of twothe Commission. Finally, after the Three
members. It suffices to show a permanent ratableCommissioners have made their ruling there is a
loss of use of two members and proof that thefurther appeal to the Virginia Court of Appeals.In my
injured members cannot be used "gainfully" inexperience, there is a chance to win this type of
employment. Thus, if one can show the work placecase but it does entail having a very severe
accident caused a back injury which was so severeinjury.This may be considered AN ADVERTISEMENT
that it caused a permanent loss of use both legs,or Advertising Material under the Rules of
then one has a chance of obtaining lifetimeProfessional Conduct governing lawyers in Virginia.This
compensation. This is an area that is fruitful for claimsnote is designed for general information only. The
and litigation since back injuries are a very commoninformation presented in this note should not be
type of injury. A doctor would have to be of theconstrued to be formal legal advice nor the formation
opinion that under the AMA Guide to Permanentof a lawyer/client relationship.Gerald G.
Impairments the injured worker has suffered aLutkenhaus---practitioner of workers' compensation
ratable loss of each leg due to the work place injury.law in the Richmond, Virginia area for over 30 years
There is no bright line test regarding how high theand who was recognized in a July 1999 survey in
rating has to be; however, the higher the rating theRichmond Magazine as one of the best attorneys for
better chance the injured worker has to obtainworkers' compensation in the Central Virgina area,
lifetime compensation. For example, a back injury thatand who was given an "AV" rating by Martindale
caused more than a 40% loss of the use of bothHubbell in 2003.