Lynch & Cornett, P.C. in Richmond, Virginia.
Virginia Insurance Liability Defense Attorneys
Virginia Workers Compensation Defense Attorneys
Virginia Insurance Liability Defense Attorneys, serving the Commonwealth of Virginia.
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Virginia's Judicial System

Virginia's Workers
Compensation Commission

Definition of Injury By Accident

To be compensable there must be...
(1) “injury by accident” (specific identifiable incident at a definite time, cumulative trauma is not compensable) that

(2) “arising out of”  (causal connection with the above-captioned matter between work performed and injury) and

(3) occurs “in the course of” employment (occurring within time period of employment, place where employee should be and while employee is fulfilling duties of employment or doing something incidental to employment.  Claimant bears the burden of proving all three elements by a preponderance of the evidence. 

Virginia Workers' Compensation Defense Attorneys

We have extensive experience defending insurance companies, self-insured and private employers before the Workers’ Compensation Commission and the Virginia Court of Appeals. 

Attorney Daniel E. Lynch has been recognized as a "Virginia Super Lawyer” with regard to his workers’ compensation practice.

Mr. Lynch has contributed articles on Virginia workers’ compensation law to various publications, and he is a frequent lecturer on workers’ compensation topics for continuing education organizations, bar associations, and insurance companies.

Virginia Workers' Compensation Defense Information

VWC Chronological - Compensation Benefits

Year
Weekly
Minimum
(July 1)
Weekly
Maximum
(July 1)
Percentage
Weekly Wage
COLA
(Oct 1)
Mileage
Reimburse Rate
2013
$238.75
$955.00
66 2/3%
1.7%
$.555
2012
$233.75
$935.00
66 2/3%
3.10%
$.555
2011
$226.25
$905.00
66 2/3%
1.6%
$.505 eff 10/1 $.555
2010
$221.25
$885.00
66 2/3%
3.05%
$.505
2009
$223.75
$895.00
66 2/3%
.25%
$.505
2008
$210.25
$841.00
66 2/3%
4.2%
$.445 eff 7/1 $.505
2007
$204.00
$816.00
66 2/3%
2.45%
$.445
2006
$193.25
$773.00
66 2/3%
3.45%
$.325 eff 10/1 $.445
2005
$184.00
$736.00
66 2/3%
3.35%
$.27 eff 10/1 $.325
2004
$176.50
$706.00
66 2/3%
1.75%
$.27
2003
$172.75
$691.00
66 2/3%
2.4%
$.27
2002
$170.25
$681.00
66 2/3%
1.45%
$.27

Important Time Frames in Managing a Virginia Workers' Compensation Claim

  • Notice of the accident must be given to the employer by employee immediately but within 30 days of accident

  • Claim for Benefits must be filed within 2 years of the date of accident

  • Employer’s Accident Report must be filed within 10 days of knowledge of the accident (note: the employer should supply an injured employee with a panel of at least 3 physicians as soon as possible after accident)

  • Change in condition application must be filed within 24 months from the last day compensation was paid pursuant to an award ; or within 36 months from which compensation was last paid pursuant to an award, for permanent partial disability benefits.

  • Request for review of a decision by the Deputy Commissioner must be filed within 30 days from the date of the Opinion

  • Notice of Appeal to the Virginia Court of Appeals must be filed within 30 days of the Opinion from the Full Commission


The information contained in the above summary herein is intended as a guideline and is not to be construed as legal advice.  Please consult with an attorney if you need legal advice for a specific claim or issue.

Virginia Insurance Liability Defense Attorneys

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Virginia Workers' Compensation Defense Attorneys

LYNCH & CORNETT, P.C. serving the Commonwealth of Virginia USA
Insurance Liability Defense Attorneys / Civil Litigation Defense Attorneys / Workers' Compensation Defense Attorneys
Commerce Plaza One, Suite 508, 2809 Emerywood Parkway, Richmond, Virginia 23294

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Serving Central Virginia: Charlottesville, Chesterfield, Richmond, Tri-Cities (Petersburg, Hopewell, Colonial Heights), Va
Northern Virginia (NoVa): Alexandria, Arlington, Fredericksburg, Manassas, Stafford, Woodbridge, Va
Southwestern Virginia: Abingdon, Blacksburg, Bristol, Roanoke, Salem, Va
Eastern Virginia: Chesapeake, Hampton, Portsmouth, Newport News, Norfolk, Virginia Beach, Va