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I had a back injury (in Virginia) for which I received compensation for about 6 months. I have permanent restrictions on lifting that kept me from returning to my profession, but my employer was able to find me another job paying the same that met the limitations and I returned to work. My spouse now has several job offers in the Pacific Northwest that pay considerably more than I earn. If I can't find a job in the new location due to my restrictions, or can find one but at less pay, will I still be eligible for compensation payments? If so, do I get them from Virginia or from the new state?
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04-29-2009, 12:21 PM
(This post was last modified: 04-29-2009, 12:21 PM by 1171.)
no. once you've received permanent partial disability payments for your injury the employer and the insurance carrier have no futher liability for disability benefits.
you can read about the benefits here
http://www.vwc.state.va.us/employees_guide.htm#benefits
Reminder :
........Each state has their own comp system; POST YOUR STATE to get accurate information. Use the search feature to find information from similar questions.
THANKS FOR POSTING.
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No - I don't think that applies - I just received Temporary Total Wage Replacement, which I was told was good for up to 500 weeks after the injury. I was then released to a light duty job, but because the new wage was actually a tiny bit more than my old wage, the wage replacement stopped. If I have to leave this light duty job to follow my spouse, and I can't find another light duty job that pays as well, shouldn't I still be able to claim the 2/3 difference between my new wage and my original wage until the 500 weeks are over? And who would pay it - Virginia or the new state?
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Your WC claim is handled by Virginia law no matter where you move to. Most states will not continue to pay you if your employer has work for you and you "voluntarily" quit your employment, which includes moving to another state.