What options exist to recover lost wages when unable to work due to accident-related injuries in VA?

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.

Disclaimer: This article is for general information only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.

Detailed Answer

Under Virginia law, you have multiple avenues to recover wages lost due to accident-related injuries. The right path depends on where and how the accident occurred, your insurance coverages and whether a third party shares fault. Here are the main options:

1. Workers’ Compensation Benefits

If you sustained injuries at work or in the course of employment, you can file a claim under the Virginia Workers’ Compensation Act. You must notify your employer promptly and submit a claim to the Virginia Workers’ Compensation Commission.

2. Personal Injury Lawsuit

If a negligent third party caused your accident, you may pursue a civil lawsuit. Virginia allows recovery of economic damages, including:

  • Past and future lost wages.
  • Medical expenses.
  • Property damage.

Virginia imposes no cap on economic damages. See Va. Code §8.01-581.1: law.lis.virginia.gov/vacode/title8.01/chapter6/section8.01-581.1/.

Statute of Limitations: File your suit within two years of the accident. See Va. Code §8.01-243: law.lis.virginia.gov/vacode/title8.01/chapter2/section8.01-243/.

3. Auto Insurance Options

4. Disability Insurance

If you have a short-term or long-term disability policy, you can file a claim under your contract. Benefits and waiting periods vary by insurer and plan.

5. Federal and State Disability Programs

  • Social Security Disability Insurance (SSDI): Administered by the Social Security Administration. You must meet work credits and medical criteria. See ssa.gov.
  • Virginia Temporary Assistance for Needy Families (TANF): Offers limited cash assistance for low-income households facing disability. See Virginia Department of Social Services: dss.virginia.gov/benefit/.

Helpful Hints

  • Document all medical visits, treatments and missed work days.
  • Keep pay stubs and employment records to show wage history.
  • Notify employers and insurers in writing as soon as possible.
  • Be aware of claim deadlines: workers’ comp (Va. Code §65.2-708) and personal injury suits (Va. Code §8.01-243).
  • Consult a licensed attorney to review insurance policies and prepare claims.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney. See full disclaimer.