BRENT JONES LAW

The Website of K. Brent Jones of Jenkins, Block & Associates, PC

804-396-2780

brentjonesjba@gmail.com

WORKERS’ COMPENSATION

Brent and his team represent individuals throughout Virginia who have been injured at work. Brent has experience handling the following types of workers’ compensation claims:

  • Construction Accidents
  • Warehouse Accidents
  • Manufacturing Accidents
  • Medical Personnel Accidents
  • First Responder Accidents
  • Trucking Accidents
  • Delivery Drivers and Package Handling Personnel
  • Teachers and Educational Personnel
  • Retail Personnel
  • Airline Personnel
  • Chemical Exposure
  • Post Traumatic Stress Disorder (PTSD)
  • Traumatic Brain Injuries (TBI)
  • Spinal Chord Injuries
  • Occupational Diseases

Brent and his team have handled claims with many different employers ranging from small family-owned businesses to giant international corporations. Below is a list of employers we have experience handling claims with:

  • Walmart
  • Amazon
  • UPS
  • FedEx
  • Food Lion
  • Kroger
  • Capital One
  • Target
  • Lowe’s
  • Boar’s Head
  • JB Hunt
  • Estes
  • VCU
  • HCA
  • Bon Secours
  • American Airlines
  • United Airlines
  • Canon
  • City of Richmond
  • Henrico County
  • Chesterfield County
  • Fairfax County
  • City of Hampton
  • City of Newport News
  • City of Petersburg

WHAT DO I GET FROM WORKERS’ COMPENSATION?

Virginia Workers’ Compensation provides three main categories of recovery that are referred to as Benefits. These benefits are: (1) Wage Loss Benefits; (2) Medical Benefits, (3) Permanent Partial Disability Benefits.

Wage Loss

Wage los is governed by Va. Code § 65.2-500. and Va. Code § 65.2-502. If your claim is compensable, you may be entitled to wage loss benefits when you miss time from work as long as an authorized treating doctor provides you with a sufficient work note. There are two (2) types of wage loss benefits: Temporary Total Disability (TTD) and Temporary Partial Disability (TPD).

Temporary total disability benefits are paid when you are written totally out of all work by your treating doctor or the you are unable to return to your pre-injury job because the employer cannot accommodate restrictions assigned by your treating doctor.

Temporary partial disability benefits are paid when you return to some form of work under light duty restrictions assigned by your treating doctor and you earn less money than you did before your work accident. Think of this as supplemental income to bridge the gap.

You DO NOT get paid your full wages while out under workers’ compensation unless your employer voluntarily chooses to pay you full salary in lieu of benefits, which is very rare. Additionally, it is important to remember that you are not entitled to wage loss benefits for the first seven (7) calendar days after disability began. You become eligible to receive wage loss benefits after you have remained out of work for seven (7) consecutive days.

How much do I get paid?

You are entitled to 66 and 2/3% of your pre-injury average weekly wage. Your pre-injury average weekly wage is your average gross weekly earnings with your employer 52 weeks before your accident. If you did not work for your employer for 52 weeks prior to their accident, we calculate the average of the total number of weeks you did work.

Example:

Corey was hired by JBA Company on January 1, 2022. Corey was injured at work on March 1, 2023. Corey’s pre-injury average weekly wage would be based on his gross earnings from March 1, 2022 through February 28, 2023. During that time Corey earned gross earnings of $50,000. Therefore, Corey’s pre-injury average weekly wage would be $961.54 (50,000 / 52 weeks).

Now that we know Corey’s pre-injury average weekly wage is $961.54, we multiply that by 2/3 (0.6666666666). That equals $641.03. Therefore, Corey’s workers’ compensation rate (wage loss rate of pay) is $641.03.

Corey’s doctor writes him out of work from March 2, 2023 through March 24, 2023. Corey would be eligible to receive temporary total disability benefits at a rate of $641.03 per week during this time. Corey’s doctor then states he can return to work at JBA Company but he cannot do any overhead lifting and he cannot lift anything greater than 10 lbs. JBA Company is able to accommodate and Corey returns to work. However, the job JBA Company has Corey performing pays less than his pre-injury job. Corey is earning $700.00 a week in his light duty job. Therefore, Corey is eligible to receive temporary partial disability benefits, which equals 66 and 2/3% of the difference between his pre-injury wage and his post-injury wage.

Therefore, Corey would be entitled to $174.35 per week in temporary partial disability benefits ($961.54 – $700 = $261.54; $261.54 x 0.666666666666 = $174.35).

The example above is a very basic overview of how wage loss benefits work and does not provide a complete summary of the subject. If you have been injured in a work accident and believe you are entitled to wage loss benefits, contact Brent today for more information.

Medical

If your claim is compensable, you may be entitled to receive medical treatment at the expense of the employer and insurer for injuries and conditions caused by your work accident or occupational disease. Medical expenses are payable as long as they are authorized, necessary and causally-related.

Provided that you timely report your accident to your employer, your employer is supposed to provide you a list of three (3) or more doctors to choose a doctor from. This is called a panel of physicians. If a panel is not offered after notice of the accident, you may be able to seek treatment from a physician of your own choosing.

Once you establish a doctor-patient relationship with a doctor from a panel or by your choice when a panel is not provided, that doctor becomes the treating physician. The treating physician may refer you to other doctors. You have a duty to cooperate with medical treatment and your treating physician’s recommendations. If you fail to abide by your doctor’s recommendations, the employer and insurer may have grounds to terminate or suspend paying benefits.

Even when your treating doctor recommends or refers you for certain treatment the employer and insurer can always dispute the necessity and causal relation. Getting the proper medical attention to recover from your accident can be a long and and trying process. Oftentimes you must file a formal request for hearing with the Virginia Workers’ Compensation Commission in order to force the employer and insurer to pay for extensive or costly medical treatment.

The information above is a very basic overview of how medical benefits work and does not provide a complete summary of the subject. If you have been injured in a work accident and believe you are not receiving proper medical attention, contact Brent today for more information.

Permanent Partial Disability

If your claim is compensable, you may be entitled to compensation for permanent partial and permanent total loss and disfigurement, which is governed by Va. Code § 65.2-503. In order to qualify for these benefits your treating doctor must place you at maximum medical improvement and refer your for an impairment rating to a body part listed in the code section cited herein.

Getting employers and insurers to authorize and pay for impairment ratings to determine permanent partial disability was a challenge for injured employees for a long time as the Virginia Workers’ Compensation Commission had long grappled with the question of whether an impairment rating is necessary medical attention. However, the Full Commission recently issued an opinion in Elliott v. Sam Green Vault Corp., JCN VA00001108316 (October 5, 2021) finding impairment ratings to be necessary medical attention that the employer and insurer are responsible for payment of.

Unfortunately, the precedent established by Elliott has recently come under attack by various employers and insurers who wish to limit injured employees access to impairment ratings, and Brent is currently fighting to uphold the Elliott ruling before the Full Commission. It is anticipated that if Brent prevails at the Full Commission (and he is confident he will), the opposing side will likely appeal to the Virginia Court of Appeals.

Updates on the battle to uphold Elliott will be provided. However, in the meantime, if you would like more information on your rights to seek permanent partial or total disability, contact Brent today.