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Does my comp check stay the same every year that I am out of work ? NO. Under Virginia law, if you are not receiving Social Security Disability Income payments ("SSDI"), then you may be qualified for Cost of Living Adjustment ("COLA") to your weekly wag loss check from the workers Compensation insurance company. Each year the COLA rate changes. Recent COLA rates are set forth below:

YEAR Cost of Living Adjustment Rate
2010 3.05%
2009 .25%
2005 3.35%

Doug Landau of the Herndon law firm ABRAMS LANDAU points out that if an injured worker was getting $500 per week while totally disabled, that her comp check would increase to $515.25/week upon showing that she was not receiving Social Security payments. An experienced and top quality workers compensation lawyer in Virginia, Maryland and the District of Columbia will help you calculate your correct comp COLA rate, get the benefits allowed by law and protect your rights under the Act. The annual application for COLAs is something a workers comp attorney who regularly goes to court to try workplace injury cases will know how to accomplish for you. Landau has seen many cases where so-called "personal injury specialists" or "workers comp advertising lawyers" did not know how to get Cost of Living benefits for injured workers, costing these workplace accident victims tens of thousands of dollars. We all know inflation exists; if your workers comp check does not keep up, you will lose in the long run.

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