Current Virginia Rate for Care Workers
In Virginia, the standard workman's compensation rate for care workers is 66.67% of the worker's average weekly wage, up to a maximum of $1,200 per week. This rate applies to wage loss benefits for injuries that prevent the employee from performing their duties.
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How the Rate Is Calculated
The calculation uses the worker's average weekly wage (AWW) from the 52 weeks preceding the injury. The AWW is multiplied by two‑thirds (66.67%) and capped at the state‑set maximum. If the AWW is lower than the cap, the benefit equals the calculated amount; if higher, the benefit is limited to $1,200 weekly.
Factors That Can Adjust the Benefit
Several variables may increase or decrease the payout:
- Partial disability – benefits are reduced proportionally to the ability to work.
- Temporary vs. permanent disability – temporary disability uses the standard rate; permanent disability may involve a schedule of compensation based on injury severity.
- Medical expenses – separate from wage loss, Virginia covers reasonable medical costs without affecting the wage loss rate.
Comparison with Other States
| State | Rate % of AWW | Weekly Cap |
|---|---|---|
| Virginia | 66.67% | $1,200 |
| Maryland | 66.67% | $1,000 |
| North Carolina | 66.67% | $1,000 |
Filing a Claim
Care workers should report the injury to their employer within three days and file a claim with the Virginia Workers' Compensation Commission. Providing detailed medical documentation helps ensure the correct rate is applied.
Common Questions
What if my AWW exceeds the cap?
The benefit will be limited to $1,200 per week, even if the calculated amount is higher.
Can I receive benefits while receiving workers' comp medical treatment?
Yes, wage loss benefits are paid concurrently with approved medical expenses.