Legal Highlight: Workers’ Compensation Alphabet Soup

At ReidGoodwin, we understand that navigating through the workers’ compensation process can be challenging and overwhelming for many injured workers. Our goal at ReidGoodwin is to not just help you understand the process, but also any wage loss benefits that you may qualify for.

Our team has put together some common terms and abbreviations that you may see when pursuing wage loss in a workers’ compensation case. These terms will also help you communicate effectively with not just your lawyer, but your doctors as well.

Average Weekly Wage (AWW) – The average weekly wage is the gross amount the employee earned before they sustained their injury. There are several ways to calculate this depending on the facts of a case, but the most common way is to take past 52 weeks total pay and divide that by 52. For those who work two jobs that are substantially similar, it is possible that the average weekly wage could be determined using pay from both jobs. See the example below:

Ex: Painting houses Monday through Friday for company A, Painting house on the weekend for company B = AWW is money from Company A and Company B

Temporary Total Disability (TTD) – An individual qualifies for TTD when a doctor’s note takes them fully out of work or enforces restrictions that disable them from doing their pre-injury job (note – there may be a requirement to look for work as well). Temporary Total Disability is calculated as 2/3 of the individual’s average weekly wage (AWW).

Temporary Partial Disability (TPD) – An individual qualifies for TPD when a doctor’s note allows them to return to work with restrictions on what they can do. During this time, the employee is working, but not making as much as before they got hurt and put under the restrictions. TPD is calculated as 2/3 of the difference from the pre-injury AWW and post-injury earnings. (note – there may be a requirement to look for work as well).

Permanent Partial Disability (PPD) – An individual qualifies for PPD when the doctor has determined that the injured body part/extremity is not expected to improve (Maximum Medical Improvement) and suffers a ratable loss. This could mean reduced functionality or loss to body parts such as legs, arms, fingers, or eyes. The Commission also can consider compensation for any scars that the injured worker may have from the injury. The Virginia Workers’ Compensation act assigns maximum number of weeks to certain body parts and the percentage loss of use for the injured worker is applied against that maximum.

Permanent Total Disability (PTD) – An individual may qualify for PTD if they sustain severe impairment or total loss in two or more extremities- it does not have to be two of the same body part. An individual may also qualify if they experience severe paralysis or sustain a traumatic brain injury.

At RG, we are passionate about helping injured workers get the justice they deserve. For any questions regarding workers’ compensation, call our office and set up a free consultation with one of our attorneys.

 

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