Visitor Question

Can’t get light duty after fracturing my big toe at work?

Submitted By: Roberto (Manassas, Virginia)

I am in a situation where I injured my big toe at work. It turns out I have a hairline fracture in my toe. I was told by the doctor I could return to work on light duty and could only walk up to 3 hours a day. The injury was reported to work and I have missed 3 days of work since then because they have not found any light duty work for me.

Am I supposed to get paid for these days I’m missing? I don’t know how workers compensation works here in Virginia so I’m kind of confused. Any information you can provide would be greatly appreciated. Thanks.

Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.

Answer

Dear Roberto,

As a Virginia worker who was unable to work at all due to a job related injury you were entitled to lost wage benefits as set out in the Virginia Workers Compensation Act. You would have been entitled to two-thirds of your pre-injury average weekly wage for up to 500 weeks.

The benefit period is totally dependent on what your treating physician determines.  Remember, being totally out of work means you can’t do any work. If your doctor says you can still do some aspects of your job for some length of time, or at a different position, you will not receive the same benefits, but should receive lost wage benefits payable for that position.

Once the treating physician determines you are able to return to work, lost wage benefits cease. In your case, if your employer does not have a position to match your ability to work, you are entitled to only that amount payable for the job you were previously assigned.

To read more about your rights see the Virginia Workers’ Compensation Guide

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney. Find a local attorney to give you a free case review here , or call (888) 647-2490.

Best of luck,

Published: October 19, 2017

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