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.
- Temporary Total Disability (TTD): You receive two-thirds of your average weekly wage, subject to statutory maximums. See Va. Code §65.2-513: law.lis.virginia.gov/vacode/title65.2/chapter5/section65.2-513/.
- Filing Deadline: You generally must file within two years of the injury. See Va. Code §65.2-708: law.lis.virginia.gov/vacode/title65.2/chapter7/section65.2-708/.
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
- Personal Injury Protection (PIP): If your auto policy includes PIP, it covers lost wages up to your policy limits regardless of fault. See Va. Code §38.2-2202: law.lis.virginia.gov/vacode/title38.2/chapter22/section38.2-2202/.
- Uninsured/Underinsured Motorist (UM/UIM): If the at-fault driver lacks sufficient coverage, your UM/UIM coverage can reimburse you for lost wages. See Va. Code §38.2-2206: law.lis.virginia.gov/vacode/title38.2/chapter22/section38.2-2206/.
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.