Virginia Workers’ Compensation Settlement Chart

Many injured workers ask, “How much could I get if I settle my workers’ comp claim?” Below, we have a chart of settlement amounts that are common in Virginia workers’ comp cases, but bear in mind that these do not predict how much you will actually receive.

Workers’ comp settlements vary widely depending on many factors, including the type and severity of your injury and how well you negotiate with the workers’ comp insurer. To get legal answers specifically on your case, consult with our trusted Virginia workers’ comp lawyer.

Understanding What Workers’ Comp Settlement Means

Settling your workers’ compensation claim means you’re agreeing to close the case in exchange for a one-off payment deal. By contrast, if you keep your case open by not settling it, you would be receiving payments on a weekly basis.

The most common type of settlement is a lump sum arrangement, where you accept a one-time amount as full and final payment of your entire claim. Once you accept this, you can no longer claim any additional wage-loss benefits or medical benefits in connection to your injury.

Another type of settlement is a lump sum with open medical benefits. In this deal, you accept a one-time full payment of your wage-loss benefits, but your medical benefits remain open for a lifetime. If you incur more medical expenses in the future due to your injury, you may still claim the benefits.

There are other types of workers’ comp settlements such as structured payments and “Medicare Set Aside.” It’s wise to have an attorney’s guidance if you’re considering any kind of settlement arrangement.

How Workers’ Comp Settlement is Calculated in Virginia

There’s no formula for computing lump-sum settlements, but you should know what your settlement may cover so that you’re prepared to negotiate with the insurance company. In general, a workers’ comp lump-sum settlement should pay for 1) your wage loss due to your disability, and 2) your injury-related medical care.

Calculating Disability Wage-Loss Benefits

To compute your wage-loss benefits (also known as disability benefits or indemnity benefits), you must first determine your average weekly wages (AWW) and the appropriate formula for your disability type. For instance, if you have Temporary Total Disability, the benefits formula is two-thirds of your average weekly wages, compensable up to 500 weeks.

You can read our blog post that shows the different formulas and examples for Temporary Partial Disability, Temporary Total Disability, Permanent Partial Disability, and Permanent Total Disability.

Calculating Medical Benefits

Valuing your lifetime medical benefits is more complicated because it has no formula and involves many variables. We have to identify, for instance, who must pay for your outstanding medical bills. We also have to determine your projected future medical costs. This projection alone takes into account factors such as your anticipated medical treatment, continuing rehabilitation, life expectancy, cost of living adjustments, and more.

Having a workers’ comp attorney is indispensable in calculating your medical care, especially if you’re opting for a one-time lump sum. You’ll want to carefully consider the potential expenses you’ll have in the future, because after the settlement, you will no longer be able to claim for them.

Chart of Workers’ Comp Amounts by Injury Type

The National Council on Compensation Insurance (NCCI) compiles data on workers’ compensation claims throughout the US. The chart below shows average workers’ compensation costs (payments) for each injury type, based on claims filed in 2019 and 2020.

We emphasize that these are not indicative of how much you may actually receive in your particular case, but are only general figures to give you an idea of workers’ comp settlement outcomes.

Injury Type	Average Medical Cost	Average Indemnity (Disability Benefits)	Average Total Cost
Amputation	$85,810	$33,027	$118,837
Fracture, crushed bones, and dislocated bones	$36,555	$24,379	$60,934
Other trauma	$32,086	$28,202	$60,288
Burns	$34,753	$13,918	$48,671
Infections and inflammations	$18,826	$18,672	$37,498
Sprains and strains	$16,215	$17,374	$33,589
Carpal tunnel	$16,131	$17,346	$33,477
Lacerations, punctures, and ruptures	$19,270	$14,078	$33,348
Concussions and contusions	$18,013	$15,138	$33,151
Cumulative injuries	$7,387	$9,309	$16,696

Chart of Workers’ Comp Amounts by Injured Body Part

NCCI data also show us the average workers’ comp payments for each injured body part. Again, this chart is only illustrative and does not dictate the settlement you will receive in your claim.

Injured Body Part	Average Medical Cost	Average Indemnity (Disability Benefits)	Average Total Cost
Head or central nervous system	$60,875	$33,067	$93,942
Multiple body parts	$32,647	$30,212	$62,859
Hip, thigh, or pelvis	$36,553	$23,205	$59,758
Leg	$38,049	$21,699	$59,748
Neck	$30,404	$28,987	$59,391
Arm or shoulder	$26,088	$23,028	$49,116
Lower back	$17,486	$20,480	$37,966
Upper back	$17,799	$18,955	$36,754
Knee	$18,293	$16,639	$34,932
Face	$18,435	$14,646	$33,081
Ankle	$17,534	$14,360	$21,894
Foot or toes	$15,264	$12,629	$27,893
Multiple trunk or abdomen	$16,933	$10,208	$27,141
Hand, fingers, or wrist	$14,669	$11,235	$25,904
Chest or organs	$11,045	$10,294	$21,339

If you want a better idea on how much you could expect to receive in your claim, don’t hesitate to speak with an attorney. It’s worth consulting with an experienced advocate so you understand what your claim is really worth. This will help you decide wisely on whether to settle, and negotiate more effectively for your settlement.

Contact Jaleh K. Slominski – Virginia Workers’ Comp Lawyer

For over 25 years now, Attorney Jaleh K. Slominski has advocated for maximum compensation for Virginia workers and has successfully handled workers’ comp claims. She is eager to provide you with legal guidance and representation in pursuing a favorable settlement.

Get your consultation with Attorney Slominski by calling (434) 384-9400 in (Lynchburg) or (540) 554-3762 in (Roanoke).

Worker's Compensation