Attorney
A workplace injury can change more than your immediate routine. Even after treatment, you may be unable to lift the same weight, stand through a full shift, operate equipment, or perform the tasks your job requires. For someone who has spent years building a career, that uncertainty can be just as difficult as the injury itself.
Being unable to return to your previous job does not automatically mean your Virginia workers’ compensation benefits end. Depending on your medical restrictions, earnings, and claim status, you may qualify for continued wage benefits, medical care, or help finding suitable work.
The Virginia workers’ compensation attorneys at Koonz can review your circumstances and explain how a change in your ability to work may affect your claim.
Your Medical Restrictions Are the Starting Point
Your ability to return to work should be evaluated against the restrictions documented by your treating physician.
Those restrictions might address lifting, bending, reaching, standing, walking, driving, or the number of hours you can work. Some restrictions are temporary while you recover. Others may continue after your condition stabilizes.
A release to “light duty” is not the same as clearance to perform your old job without limitations.
For example, a construction worker in Northern Virginia who is limited to lifting ten pounds may be able to perform certain duties while remaining unable to safely carry materials or use heavy equipment. A healthcare worker with standing restrictions may be unable to resume a full shift of patient care.
Ask for written restrictions and provide accurate information about your job duties to your physician. A job title alone may not communicate the physical demands of your work.
What If Your Employer Offers Light-Duty Work?
Your employer may offer a modified position that accommodates your restrictions. That could involve different tasks, shorter hours, or a temporary assignment.
The important question is whether the actual duties are suitable for your documented capacity. Calling a position “light duty” does not establish that every task falls within your restrictions.
Ask for a written description of the proposed duties, schedule, and pay. If you are concerned that the assignment requires activities your physician has restricted, promptly raise those concerns with your physician and attorney.
Do not simply ignore or reject an offer. Under Virginia law, an unjustified refusal of suitable employment can affect wage-loss benefits. Whether a refusal is justified depends on the circumstances. law.lis.virginia.gov
Can You Receive Benefits If the New Job Pays Less?
Returning to work does not always mean returning to your previous income. A modified position may offer fewer hours or lower pay.
If a compensable work injury causes partial incapacity and reduced earning ability, temporary partial disability benefits may help replace part of the difference. Virginia generally calculates these benefits at two-thirds of the difference between your pre-injury average weekly wage and the average weekly wage you are able to earn afterward, subject to legal limits. law.lis.virginia.gov
For a simplified example, suppose your pre-injury average weekly wage was $1,200 and you can now earn $750 per week in suitable work. The difference is $450. Two-thirds of that difference is $300.
That example illustrates the basic calculation, not a guaranteed benefit. Your eligibility, wage calculation, and applicable limits require review.
Koonz’s maximum compensation rates resource provides reference tables for different injury dates and jurisdictions. The correct rate must be matched to your injury date and benefit type.
A workers’ compensation lawyer in Virginia can help evaluate whether your wage benefits accurately reflect your circumstances.
What If Your Employer Has No Work Within Your Restrictions?
An employer may have no suitable modified position available. That does not necessarily eliminate your right to wage benefits, but it can raise additional requirements.
If you can perform some work, you may need to make a reasonable effort to find suitable employment elsewhere. Virginia refers to this as marketing your remaining work capacity.
The Virginia Workers’ Compensation Commission explains that partially disabled workers who are not on an open award must seek suitable light-duty work in good faith to receive disability benefits. The requirements depend on your claim status and circumstances. Virginia Workers’ Compensation Commission
Waiting for your employer to create a position may therefore be insufficient. Ask your attorney what job-search obligations apply before assuming you can simply remain at home until your old job becomes available.
Keep Records of Your Job Search
When a job search is required, documentation matters. Keep a record of employers contacted, dates, positions sought, methods of contact, and outcomes.
The Commission considers factors such as your restrictions, education, experience, the available jobs, and the nature of your search. Its guidelines describe contacting at least five potential employers per week, registering with the Virginia Employment Commission, and contacting your former employer when appropriate as evidence of reasonable effort in most cases. Virginia Workers’ Compensation Commission
Those guidelines are not a guarantee that every search will be sufficient. Applications should reflect a genuine effort to find work you can perform within your restrictions.
Can Vocational Rehabilitation Help?
When an injury prevents you from resuming your previous occupation, vocational rehabilitation may help identify other work suited to your abilities.
Depending on the circumstances, services may include vocational evaluation, counseling, job placement assistance, or appropriate retraining. Virginia Workers’ Compensation Commission
Participation can carry responsibilities. If vocational services are proposed, discuss the plan with your attorney and communicate accurately about your restrictions, experience, and job-search efforts.
The goal is to identify suitable work while protecting your health and understanding how the process affects your workers’ compensation benefits.
What If Your Restrictions Become Permanent?
Permanent restrictions do not automatically qualify a worker for lifetime wage benefits. Virginia distinguishes between several types of disability benefits, and eligibility depends on the injury and statutory requirements.
Permanent partial disability benefits may apply to specified losses, such as qualifying loss of use of certain body parts. Permanent total disability benefits have narrower requirements. Virginia Workers’ Compensation Commission
Being unable to return to a physically demanding occupation is not necessarily the same as being permanently unable to work under Virginia law.
An attorney can help evaluate the available benefits and how lasting restrictions affect your options.
Medical Records and Claim Documents Matter
Disputes may arise over whether your restrictions remain necessary, whether the offered work is suitable, or whether reduced earnings are connected to the injury.
Keep copies of:
- Medical reports and written work restrictions.
- Job descriptions and light-duty offers.
- Pay records from before and after the injury.
- Communications with your employer and claim administrator.
- Job-search records and vocational rehabilitation documents.
- Commission awards, applications, and notices.
Medical records should explain the relationship between the work injury and your limitations. Wage records help document the financial consequences.
Also, payments from an insurer do not replace the need to protect your claim through the Commission. The Commission advises injured workers to file a claim even when the employer or claim administrator has already paid medical expenses or wage benefits. Virginia Workers’ Compensation Commission
Our overview of Virginia injury claim deadlines notes that workers’ compensation has separate reporting and filing requirements. Have an attorney evaluate the deadlines and procedures that apply to your claim.
Speak With a Virginia Workers’ Compensation Attorney
Being unable to return to your old job can leave you worried about your income, career, and family’s future. You may have options, but the right next step depends on your medical restrictions, available work, and the status of your claim.
Koonz McKenney Johnson & DePaolis LLP helps injured workers in Northern Virginia understand their rights and pursue available workers’ compensation benefits. Our attorneys can review work restrictions, evaluate modified job offers, address benefit disputes, and help you understand your responsibilities.
If a work injury has left you unable to perform your previous job, contact our Virginia workers’ compensation lawyers for a free consultation.