Detailed Answer
In Virginia, claiming lost wages after an injury at multiple jobs depends on whether the injury occurred at work or due to a third party. You may pursue benefits through the Virginia Workers’ Compensation Commission (VWCC) for work-related injuries or file a personal injury claim against a negligent party for non-work injuries.
1. Workers’ Compensation Claims
If you’re injured on the job for each employer, you can file separate claims under the Virginia Workers’ Compensation Act. Follow these steps:
- Report the injury: Notify each employer within 30 days of the accident (Va. Code § 65.2-600).
- File a claim: Submit Form 16 to the VWCC, naming each employer and carrier.
- Calculate the average weekly wage (AWW): Combine your wages from each job over the 52 weeks before the injury, then divide by 52. The compensation rate equals two-thirds of your AWW, subject to statutory minimums and maximums (Va. Code § 65.2-500).
- Submit documentation: Provide pay stubs, W-2s and employer records for each position.
- Attend hearings if disputed: If the carrier disputes your claim, the VWCC may hold a hearing to resolve issues such as injury causation, AWW calculation, or coverage.
2. Third-Party (Personal Injury) Claims
For injuries caused by someone else’s negligence off the job (for example, a traffic accident), you can claim lost wages from all employers in a personal injury lawsuit:
- Document your income: Gather pay stubs, W-2s and tax returns for all jobs to establish your earnings.
- Prepare a demand letter: Outline your injury, medical treatment, and total lost wages across all positions.
- File within the deadline: Virginia’s two-year statute of limitations for personal injury actions applies (Va. Code § 8.01-243).
- Negotiate or litigate: The defendant’s insurer may negotiate a settlement to cover your past and future lost income. If negotiations fail, you can file a lawsuit in the appropriate circuit court.
Whether through workers’ compensation or a personal injury claim, detailed records and timely filings are key to recovering full compensation for lost wages from multiple jobs.
Helpful Hints
- Track hours and earnings from each employer separately.
- Report workplace injuries promptly to each employer.
- Keep copies of medical records and bills.
- Note important deadlines: 30 days for worker’s comp notice; two years for personal injury suits.
- Consider consulting a qualified attorney familiar with Virginia law for guidance.
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney to discuss your specific situation.