{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/65.2-502.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/65.2-502.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/65.2-502.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/65.2-502.html"}],"law_id":85307,"edition_id":1,"section_id":85307,"structure_id":13949,"section_number":"65.2-502","catch_line":"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","history":"Code 1950, \u00a7 65-52; 1952, c. 226; 1954, c. 654; 1956, c. 243; 1958, c. 568; 1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc. 8, 660, \u00a7 65.1-55; 1970, c. 470; 1972, c. 229; 1973, c. 542; 1974, c. 560; 1975, c. 447; 1990, c. 559; 1991, c. 355; 1995, c. 319; 1997, c. 511; 2000, c. 1018; 2004, c. 888; 2005, c. 472; 2006, c. 660; 2019, c. 210.","full_text":"A\n\nExcept as otherwise provided in § 65.2-503 or 65.2-510, or as provided in subsections B, C and D, when the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity a weekly compensation equal to 66 2\/3 percent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500. For purposes of calculating an injured employee’s post-injury average weekly wage, the following rules shall apply to commissioned employees, self-employed income, and income derived from an employer in which the injured worker or their immediate family has an ownership interest: if the period of partial incapacity exists for 13 weeks or less, the injured employee’s post-injury average weekly wage shall be computed by dividing the employee’s total earnings during the first two weeks of partial incapacity by two, subject to retroactive adjustments as provided hereinafter. If the period of partial incapacity exists for more than 13 weeks, the injured employee’s post-injury average weekly wage for each 13-week interval shall be computed by dividing the employee’s total earnings during the period of partial incapacity by the number of weeks included in such period; however, if an injured employee’s period of partial incapacity ends after the close of a 13-week interval but before the close of the next 13-week interval, the injured employee’s post-injury average weekly wage for such portion of the subsequent 13-week interval shall be calculated by dividing the employee’s total earnings during the period of partial incapacity by the number of weeks included in such period. When an injured employee is under a continuing award of temporary partial benefits, the employer or the employee shall be entitled to seek a retroactive adjustment of the temporary partial rate for the 90 days preceding the application seeking such adjustment of the temporary partial rate computed in accordance with the above method of calculation. Any resulting amount due to the employee shall be paid to the employee. Any resulting credit due to the employer may be offset dollar for dollar against future compensation benefits due the injured employee, subject to the provisions of § 65.2-520. The employee is required pursuant to § 65.2-712 to immediately disclose increases in his earnings. For all other employments, the employee’s post-injury average weekly wage may, in the Commission’s discretion, be calculated using the preceding formula or a week-to-week calculation. In case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity. However, the employer shall not be required to pay, or cause to be paid, compensation under this section to any injured employee not eligible for lawful employment; nor shall any such injured employee not eligible for lawful employment who is partially incapacitated be entitled during partial incapacity to receive temporary total benefits under § 65.2-500.B\n\nAmeriCorps members as defined in subdivision r of § 65.2-101 shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury results in death.C\n\nFood Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of § 65.2-101 shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury results in death.D\n\nTemporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of § 65.2-101 shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury results in death.","order_by":null,"text":{"0":{"id":305657,"text":"Except as otherwise provided in § 65.2-503 or 65.2-510, or as provided in subsections B, C and D, when the incapacity for work resulting from the injury is partial, the employer shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity a weekly compensation equal to 66 2\/3 percent of the difference between his average weekly wages before the injury and the average weekly wages which he is able to earn thereafter, but not more than 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500. For purposes of calculating an injured employee’s post-injury average weekly wage, the following rules shall apply to commissioned employees, self-employed income, and income derived from an employer in which the injured worker or their immediate family has an ownership interest: if the period of partial incapacity exists for 13 weeks or less, the injured employee’s post-injury average weekly wage shall be computed by dividing the employee’s total earnings during the first two weeks of partial incapacity by two, subject to retroactive adjustments as provided hereinafter. If the period of partial incapacity exists for more than 13 weeks, the injured employee’s post-injury average weekly wage for each 13-week interval shall be computed by dividing the employee’s total earnings during the period of partial incapacity by the number of weeks included in such period; however, if an injured employee’s period of partial incapacity ends after the close of a 13-week interval but before the close of the next 13-week interval, the injured employee’s post-injury average weekly wage for such portion of the subsequent 13-week interval shall be calculated by dividing the employee’s total earnings during the period of partial incapacity by the number of weeks included in such period. When an injured employee is under a continuing award of temporary partial benefits, the employer or the employee shall be entitled to seek a retroactive adjustment of the temporary partial rate for the 90 days preceding the application seeking such adjustment of the temporary partial rate computed in accordance with the above method of calculation. Any resulting amount due to the employee shall be paid to the employee. Any resulting credit due to the employer may be offset dollar for dollar against future compensation benefits due the injured employee, subject to the provisions of § 65.2-520. The employee is required pursuant to § 65.2-712 to immediately disclose increases in his earnings. For all other employments, the employee’s post-injury average weekly wage may, in the Commission’s discretion, be calculated using the preceding formula or a week-to-week calculation. In case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity. However, the employer shall not be required to pay, or cause to be paid, compensation under this section to any injured employee not eligible for lawful employment; nor shall any such injured employee not eligible for lawful employment who is partially incapacitated be entitled during partial incapacity to receive temporary total benefits under § 65.2-500.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":305658,"text":"AmeriCorps members as defined in subdivision r of § 65.2-101 shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury results in death.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":305659,"text":"Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of § 65.2-101 shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury results in death.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":305660,"text":"Temporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of § 65.2-101 shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury results in death.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13949,"edition_id":1,"name":"Compensation and Payment Thereof","identifier":"5","label":"chapter","depth":2,"order_by":1,"parent_id":13199,"metadata":{},"date_created":"2026-06-26 03:46:24","date_modified":"2026-06-26 03:46:24","permalink":{"id":276393,"object_type":"structure","relational_id":13949,"identifier":"5","token":"65.2\/5","url":"\/65.2\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13199,"edition_id":1,"name":"Workers' Compensation","identifier":"65.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:26","date_modified":"2026-06-26 03:44:26","permalink":{"id":276115,"object_type":"structure","relational_id":13199,"identifier":"65.2","token":"65.2","url":"\/65.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63631,"structure_id":13949,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","url":"\/65.2-500\/","token":"65.2\/5\/65.2-500","metadata":false},{"id":63980,"structure_id":13949,"section_number":"65.2-501","catch_line":"Incapacity after permanent loss","url":"\/65.2-501\/","token":"65.2\/5\/65.2-501","metadata":false},{"id":85307,"structure_id":13949,"section_number":"65.2-502","catch_line":"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","url":"\/65.2-502\/","token":"65.2\/5\/65.2-502","metadata":false},{"id":65657,"structure_id":13949,"section_number":"65.2-503","catch_line":"Permanent loss","url":"\/65.2-503\/","token":"65.2\/5\/65.2-503","metadata":false},{"id":70887,"structure_id":13949,"section_number":"65.2-504","catch_line":"Compensation for disability from coal worker's pneumoconiosis; insurance of coal operator","url":"\/65.2-504\/","token":"65.2\/5\/65.2-504","metadata":false},{"id":70310,"structure_id":13949,"section_number":"65.2-505","catch_line":"Injuries in different employments; injury to employee with disability; subsequent permanent injury by accident in service to employer","url":"\/65.2-505\/","token":"65.2\/5\/65.2-505","metadata":false},{"id":67616,"structure_id":13949,"section_number":"65.2-506","catch_line":"Compensation after second injury in same employment","url":"\/65.2-506\/","token":"65.2\/5\/65.2-506","metadata":false},{"id":55009,"structure_id":13949,"section_number":"65.2-507","catch_line":"Same employment; when both injuries permanent","url":"\/65.2-507\/","token":"65.2\/5\/65.2-507","metadata":false},{"id":80866,"structure_id":13949,"section_number":"65.2-508","catch_line":"Foreign injuries","url":"\/65.2-508\/","token":"65.2\/5\/65.2-508","metadata":false},{"id":62648,"structure_id":13949,"section_number":"65.2-509","catch_line":"Commencement of compensation","url":"\/65.2-509\/","token":"65.2\/5\/65.2-509","metadata":false},{"id":74456,"structure_id":13949,"section_number":"65.2-510","catch_line":"Refusal of employment; compensation for partial incapacity","url":"\/65.2-510\/","token":"65.2\/5\/65.2-510","metadata":false},{"id":72220,"structure_id":13949,"section_number":"65.2-510.1","catch_line":"Employee imprisonment; suspension of benefits","url":"\/65.2-510.1\/","token":"65.2\/5\/65.2-510.1","metadata":false},{"id":78253,"structure_id":13949,"section_number":"65.2-511","catch_line":"Compensation to employee's distributees upon his death from any other cause","url":"\/65.2-511\/","token":"65.2\/5\/65.2-511","metadata":false},{"id":56660,"structure_id":13949,"section_number":"65.2-512","catch_line":"Compensation to dependents of an employee killed; burial expenses","url":"\/65.2-512\/","token":"65.2\/5\/65.2-512","metadata":false},{"id":87021,"structure_id":13949,"section_number":"65.2-513","catch_line":"Compensation for death from coal worker's pneumoconiosis; determining whether death was due to pneumoconiosis or any chronic occupational lung disease","url":"\/65.2-513\/","token":"65.2\/5\/65.2-513","metadata":false},{"id":66016,"structure_id":13949,"section_number":"65.2-514","catch_line":"Special provisions for coal worker's pneumoconiosis claims for total disability or death","url":"\/65.2-514\/","token":"65.2\/5\/65.2-514","metadata":false},{"id":57788,"structure_id":13949,"section_number":"65.2-515","catch_line":"Persons conclusively presumed to be wholly dependent","url":"\/65.2-515\/","token":"65.2\/5\/65.2-515","metadata":false},{"id":77728,"structure_id":13949,"section_number":"65.2-516","catch_line":"Other cases of dependency","url":"\/65.2-516\/","token":"65.2\/5\/65.2-516","metadata":false},{"id":56782,"structure_id":13949,"section_number":"65.2-517","catch_line":"Termination of dependency","url":"\/65.2-517\/","token":"65.2\/5\/65.2-517","metadata":false},{"id":60115,"structure_id":13949,"section_number":"65.2-518","catch_line":"Limitation upon total compensation","url":"\/65.2-518\/","token":"65.2\/5\/65.2-518","metadata":false},{"id":61340,"structure_id":13949,"section_number":"65.2-519","catch_line":"When limitations inapplicable to injuries arising out of pneumoconiosis","url":"\/65.2-519\/","token":"65.2\/5\/65.2-519","metadata":false},{"id":69889,"structure_id":13949,"section_number":"65.2-520","catch_line":"Voluntary payment by employer","url":"\/65.2-520\/","token":"65.2\/5\/65.2-520","metadata":false},{"id":77932,"structure_id":13949,"section_number":"65.2-521","catch_line":"Time of payment","url":"\/65.2-521\/","token":"65.2\/5\/65.2-521","metadata":false},{"id":61016,"structure_id":13949,"section_number":"65.2-522","catch_line":"Lump sum payments, generally","url":"\/65.2-522\/","token":"65.2\/5\/65.2-522","metadata":false},{"id":86845,"structure_id":13949,"section_number":"65.2-523","catch_line":"Lump sum payments to trustees","url":"\/65.2-523\/","token":"65.2\/5\/65.2-523","metadata":false},{"id":84045,"structure_id":13949,"section_number":"65.2-524","catch_line":"Failure to pay compensation within two weeks after it becomes due","url":"\/65.2-524\/","token":"65.2\/5\/65.2-524","metadata":false},{"id":84393,"structure_id":13949,"section_number":"65.2-525","catch_line":"Who may receive payment and receipt therefor","url":"\/65.2-525\/","token":"65.2\/5\/65.2-525","metadata":false},{"id":65719,"structure_id":13949,"section_number":"65.2-526","catch_line":"Payment to junior dependents in good faith","url":"\/65.2-526\/","token":"65.2\/5\/65.2-526","metadata":false},{"id":75167,"structure_id":13949,"section_number":"65.2-527","catch_line":"When employee's rights exercised by guardian or trustee","url":"\/65.2-527\/","token":"65.2\/5\/65.2-527","metadata":false},{"id":61743,"structure_id":13949,"section_number":"65.2-528","catch_line":"Time limitations on persons under disability","url":"\/65.2-528\/","token":"65.2\/5\/65.2-528","metadata":false},{"id":62795,"structure_id":13949,"section_number":"65.2-529","catch_line":"Joint service","url":"\/65.2-529\/","token":"65.2\/5\/65.2-529","metadata":false},{"id":61412,"structure_id":13949,"section_number":"65.2-530","catch_line":"Preferences and priorities","url":"\/65.2-530\/","token":"65.2\/5\/65.2-530","metadata":false},{"id":84247,"structure_id":13949,"section_number":"65.2-531","catch_line":"Assignments of compensation; exemption from creditors' claims","url":"\/65.2-531\/","token":"65.2\/5\/65.2-531","metadata":false}],"previous_section":{"id":63980,"structure_id":13949,"section_number":"65.2-501","catch_line":"Incapacity after permanent loss","url":"\/65.2-501\/","token":"65.2\/5\/65.2-501","metadata":false},"next_section":{"id":65657,"structure_id":13949,"section_number":"65.2-503","catch_line":"Permanent loss","url":"\/65.2-503\/","token":"65.2\/5\/65.2-503","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/65.2-502\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 23 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1952, chapter 226; in 1954, chapter 654; in 1956, chapter 243; in 1958, chapter 568; in 1960, chapter 556; in 1962, chapter 503; in 1964, chapter 94; in 1966, chapter 64; in 1968, chapters 8 and 660; in 1970, chapter 470; in 1972, chapter 229; in 1973, chapter 542; in 1974, chapter 560; in 1975, chapter 447; in 1990, chapter 559; in 1991, chapter 355; in 1995, chapter 319<\/a>; in 1997, chapter 511<\/a>; in 2000, chapter 1018<\/a>; in 2004, chapter 888<\/a>; in 2005, chapter 472<\/a>; in 2006, chapter 660<\/a>; in 2019, chapter 210<\/a>.<\/p>","references":[{"id":56087,"section_number":"60.2-604","catch_line":"Reduction of benefit amount by amount of pension","order_by":null,"url":"\/60.2-604\/"},{"id":58233,"section_number":"65.2-107","catch_line":"Post-traumatic stress disorder, anxiety disorder, or depressive disorder incurred by law-enforcement officers and firefighters","order_by":null,"url":"\/65.2-107\/"},{"id":55236,"section_number":"65.2-1103","catch_line":"When awards entered","order_by":null,"url":"\/65.2-1103\/"},{"id":63980,"section_number":"65.2-501","catch_line":"Incapacity after permanent loss","order_by":null,"url":"\/65.2-501\/"},{"id":65657,"section_number":"65.2-503","catch_line":"Permanent loss","order_by":null,"url":"\/65.2-503\/"},{"id":67616,"section_number":"65.2-506","catch_line":"Compensation after second injury in same employment","order_by":null,"url":"\/65.2-506\/"},{"id":74456,"section_number":"65.2-510","catch_line":"Refusal of employment; compensation for partial incapacity","order_by":null,"url":"\/65.2-510\/"},{"id":72220,"section_number":"65.2-510.1","catch_line":"Employee imprisonment; suspension of benefits","order_by":null,"url":"\/65.2-510.1\/"},{"id":60208,"section_number":"65.2-602","catch_line":"Tolling of statute of limitations","order_by":null,"url":"\/65.2-602\/"}],"refers_to":[{"id":59551,"section_number":"65.2-101","catch_line":"Definitions","order_by":null,"url":"\/65.2-101\/"},{"id":63631,"section_number":"65.2-500","catch_line":"Compensation for total incapacity; computation of average wage; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","order_by":null,"url":"\/65.2-500\/"},{"id":65657,"section_number":"65.2-503","catch_line":"Permanent loss","order_by":null,"url":"\/65.2-503\/"},{"id":74456,"section_number":"65.2-510","catch_line":"Refusal of employment; compensation for partial incapacity","order_by":null,"url":"\/65.2-510\/"},{"id":69889,"section_number":"65.2-520","catch_line":"Voluntary payment by employer","order_by":null,"url":"\/65.2-520\/"},{"id":80256,"section_number":"65.2-712","catch_line":"Reporting incarcerations, change in earnings, remarriage, change in student status; recovery of payments procured by fraud, misrepresentation, or unreported change in condition","order_by":null,"url":"\/65.2-712\/"}],"permalink":{"id":276403,"object_type":"law","relational_id":85307,"identifier":"65.2-502","token":"65.2\/5\/65.2-502","url":"\/65.2-502\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/65.2-502\/","token":"65.2\/5\/65.2-502","dublin_core":{"Title":"Compensation for partial incapacity; exclusion of AmeriCorps members, certain Food Stamp Employment and Training Program participants, and certain Temporary Assistance for Needy Families participants","Type":"Text","Format":"text\/html","Identifier":"\u00a7 65.2-502","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Except as otherwise provided in § 65.2-503<\/a> or 65.2-510<\/a>, or as provided in subsections B, C and D, when the incapacity for work resulting from the injury<\/span> is partial, the employer<\/span> shall pay, or cause to be paid, as hereinafter provided, to the injured employee during such incapacity a weekly compensation equal to 66 2\/3 percent of the difference between his average weekly wages before the injury<\/span> and the average weekly wages which he is able to earn thereafter, but not more than 100 percent of the average weekly wage of the Commonwealth as defined in § 65.2-500<\/a>. For purposes of calculating an injured employee’s post-injury<\/span> average weekly wage, the following rules shall apply to commissioned employees, self-employed income, and income derived from an employer<\/span> in which the injured worker or their immediate family has an ownership interest: if the period of partial incapacity exists for 13 weeks or less, the injured employee’s post-injury<\/span> average weekly wage shall be computed by dividing the employee’s total earnings during the first two weeks of partial incapacity by two, subject to retroactive adjustments as provided hereinafter. If the period of partial incapacity exists for more than 13 weeks, the injured employee’s post-injury<\/span> average weekly wage for each 13-week interval shall be computed by dividing the employee’s total earnings during the period of partial incapacity by the number of weeks included in such period; however, if an injured employee’s period of partial incapacity ends after the close of a 13-week interval but before the close of the next 13-week interval, the injured employee’s post-injury<\/span> average weekly wage for such portion of the subsequent 13-week interval shall be calculated by dividing the employee’s total earnings during the period of partial incapacity by the number of weeks included in such period. When an injured employee is under a continuing award<\/span> of temporary partial benefits, the employer<\/span> or the employee shall be entitled to seek a retroactive adjustment of the temporary partial rate for the 90 days preceding the application seeking such adjustment of the temporary partial rate computed in accordance with the above method of calculation. Any resulting amount due to the employee shall be paid to the employee. Any resulting credit due to the employer<\/span> may be offset dollar for dollar against future compensation benefits due the injured employee, subject to the provisions of § 65.2-520<\/a>. The employee is required pursuant to § 65.2-712<\/a> to immediately disclose increases in his earnings. For all other employments, the employee’s post-injury<\/span> average weekly wage may, in the Commission<\/span>’s discretion, be calculated using the preceding formula or a week-to-week calculation. In case the partial incapacity begins after a period of total incapacity, the latter period shall be deducted from the maximum period herein allowed for partial incapacity. However, the employer<\/span> shall not be required to pay, or cause to be paid, compensation under this section to any injured employee not eligible for lawful employment; nor shall any such injured employee not eligible for lawful employment who is partially incapacitated be entitled during partial incapacity to receive temporary total benefits under § 65.2-500<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> AmeriCorps members as defined in subdivision r of § 65.2-101<\/a> shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury<\/span> results in death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Food Stamp recipients participating in the work experience component of the Food Stamp Employment and Training Program as defined in subdivision s of § 65.2-101<\/a> shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury<\/span> results in death. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Temporary Assistance for Needy Families recipients participating in the work experience component of the Virginia Initiative for Education and Work as defined in subdivision t of § 65.2-101<\/a> shall not be eligible to receive weekly compensation for partial incapacity, whether permanent or temporary, regardless of whether the injury<\/span> results in death. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPENSATION FOR PARTIAL INCAPACITY; EXCLUSION OF AMERICORPS MEMBERS, CERTAIN\nFOOD STAMP EMPLOYMENT AND TRAINING PROGRAM PARTICIPANTS, AND CERTAIN TEMPORARY\nASSISTANCE FOR NEEDY FAMILIES PARTICIPANTS (\u00a7 65.2-502)\n\nA. Except as otherwise provided in § 65.2-503 or 65.2-510, or as provided\nin subsections B, C and D, when the incapacity for work resulting from the\ninjury is partial, the employer shall pay, or cause to be paid, as hereinafter\nprovided, to the injured employee during such incapacity a weekly compensation\nequal to 66 2\/3 percent of the difference between his average weekly wages\nbefore the injury and the average weekly wages which he is able to earn\nthereafter, but not more than 100 percent of the average weekly wage of the\nCommonwealth as defined in § 65.2-500. For purposes of calculating an\ninjured employee’s post-injury average weekly wage, the following rules\nshall apply to commissioned employees, self-employed income, and income derived\nfrom an employer in which the injured worker or their immediate family has an\nownership interest: if the period of partial incapacity exists for 13 weeks or\nless, the injured employee’s post-injury average weekly wage shall be\ncomputed by dividing the employee’s total earnings during the first two\nweeks of partial incapacity by two, subject to retroactive adjustments as\nprovided hereinafter. If the period of partial incapacity exists for more than\n13 weeks, the injured employee’s post-injury average weekly wage for each\n13-week interval shall be computed by dividing the employee’s total\nearnings during the period of partial incapacity by the number of weeks included\nin such period; however, if an injured employee’s period of partial\nincapacity ends after the close of a 13-week interval but before the close of\nthe next 13-week interval, the injured employee’s post-injury average\nweekly wage for such portion of the subsequent 13-week interval shall be\ncalculated by dividing the employee’s total earnings during the period of\npartial incapacity by the number of weeks included in such period. When an\ninjured employee is under a continuing award of temporary partial benefits, the\nemployer or the employee shall be entitled to seek a retroactive adjustment of\nthe temporary partial rate for the 90 days preceding the application seeking\nsuch adjustment of the temporary partial rate computed in accordance with the\nabove method of calculation. Any resulting amount due to the employee shall be\npaid to the employee. Any resulting credit due to the employer may be offset\ndollar for dollar against future compensation benefits due the injured employee,\nsubject to the provisions of § 65.2-520. The employee is required pursuant\nto § 65.2-712 to immediately disclose increases in his earnings. For all\nother employments, the employee’s post-injury average weekly wage may, in\nthe Commission’s discretion, be calculated using the preceding formula or\na week-to-week calculation. In case the partial incapacity begins after a period\nof total incapacity, the latter period shall be deducted from the maximum period\nherein allowed for partial incapacity. However, the employer shall not be\nrequired to pay, or cause to be paid, compensation under this section to any\ninjured employee not eligible for lawful employment; nor shall any such injured\nemployee not eligible for lawful employment who is partially incapacitated be\nentitled during partial incapacity to receive temporary total benefits under\n§ 65.2-500.\n\nB. AmeriCorps members as defined in subdivision r of § 65.2-101 shall not\nbe eligible to receive weekly compensation for partial incapacity, whether\npermanent or temporary, regardless of whether the injury results in death.\n\nC. Food Stamp recipients participating in the work experience component of the\nFood Stamp Employment and Training Program as defined in subdivision s of §\n65.2-101 shall not be eligible to receive weekly compensation for partial\nincapacity, whether permanent or temporary, regardless of whether the injury\nresults in death.\n\nD. Temporary Assistance for Needy Families recipients participating in the work\nexperience component of the Virginia Initiative for Education and Work as\ndefined in subdivision t of § 65.2-101 shall not be eligible to receive\nweekly compensation for partial incapacity, whether permanent or temporary,\nregardless of whether the injury results in death.\n\nHISTORY: Code 1950, \u00a7 65-52; 1952, c. 226; 1954, c. 654; 1956, c. 243; 1958, c.\n568; 1960, c. 556; 1962, c. 503; 1964, c. 94; 1966, c. 64; 1968, cc. 8, 660, \u00a7\n65.1-55; 1970, c. 470; 1972, c. 229; 1973, c. 542; 1974, c. 560; 1975, c. 447;\n1990, c. 559; 1991, c. 355; 1995, c. 319; 1997, c. 511; 2000, c. 1018; 2004, c.\n888; 2005, c. 472; 2006, c. 660; 2019, c. 210.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}