Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Consult an attorney to discuss your specific situation.
Detailed Answer
When an accident-related injury prevents you from working, you have several paths under Virginia law to recover lost wages.
1. Workers’ Compensation
If your injury occurred on the job, you may file a workers’ compensation claim. Virginia Code § 65.2-500 requires employers to carry insurance that covers medical treatment and two-thirds of your average weekly wage, subject to state maximums. You must report the injury to your employer promptly to preserve your claim under Virginia Code § 65.2-601. For more details, see Va. Code § 65.2-500 and § 65.2-601.
2. Personal Injury Lawsuit
If a third party’s negligence caused your accident—such as in a car crash or slip-and-fall—you may pursue a personal injury lawsuit. You can recover past and future lost wages alongside medical expenses, pain and suffering, and other damages. Virginia imposes a two-year statute of limitations on most negligence claims. See Va. Code § 8.01-581.1.
3. Short-Term and Long-Term Disability Insurance
Many employers offer short-term and long-term disability plans. Short-term policies typically replace 40–70% of your salary for a limited period (often 3–6 months). Long-term plans may extend benefits for years or until retirement age. Review your policy’s elimination period, benefit percentage, and maximum payout.
4. Social Security Disability Benefits
If your injury causes a long-term disability, you may qualify for Social Security Disability Insurance (SSDI). Federal law (42 U.S.C. § 423) provides monthly payments after you meet the work-credit and medical criteria. The application process can take several months, so file as soon as you become disabled.
Helpful Hints
- Report workplace injuries to your employer immediately under Va. Code § 65.2-601.
- Keep detailed records of medical bills, pay stubs, accident reports, and correspondence.
- Note all filing deadlines: two years for negligence claims, strict notice requirements for workers’ compensation.
- Consult an attorney early to determine the strongest strategy for your situation.
- Review your employee handbook for company-specific disability benefits and claim procedures.