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As a general rule, a business with more than two employees is required to carry workers' compensation coverage. An employee is viewed broadly under workers' compensation law and includes part-time, seasonal and temporary workers, minors, trainees, immigrants and working family members.
In Virginia, the workers comp system or the Virginia Workers' Compensation Commission awards all fees paid to any attorney that you might hire. Workers comp lawyers usually charge 25% of any benefits they might win for you.
Hourly rates in Virginia Lawyers in Virginia typically charge between $199 and $468 per hour, with the average being $295. For comparison, District of Columbia has the highest average hourly rate at $392 while West Virginia has the lowest average hourly rate at $162.
Workers' comp cases with head injuries settle for the most money compared to settlements for all other body parts.
Workers' compensation provides a tradeoff for both employers and employees. For the employer, it provides an exclusive remedy, shielding the employer from civil suit. For the injured worker, it provides prompt but limited benefits.
If your doctor says you cannot work because of your work-related injury or illness, you may be entitled to compensation equaling 66 2/3% of your regular wages based upon earnings for the 52 weeks prior to your injury. This amount is subject to a statewide maximum reimbursement amount.
2023 Rates: Effective July 1, 2023 the maximum compensation rate will be $1343.00. Effective July 1, 2023 the minimum compensation rate will be $335.75.
In 2021, the Virginia Workers Compensation Commission approved 4,839 settlements with a total aggregate value of $253,600,035. Therefore, the average workers comp settlement payout in Virginia was $52,407.53.