TN 33 (02-19)
All Virgin Islands WC is paid from their exclusive fund. Private carriers are not
WC payments are based on two-thirds of the Virgin Islands average weekly wage and
are limited by law to a maximum amount that is based on the date of injury. The maximum
. amount is $566.00 per week (or the actual pre-injury weekly wage, if less) and $113.20
TT benefits are based on two-thirds of the worker’s weekly wage rate at the time of
injury. TT is paid for the duration of the disability or until maximum medical improvement
TP benefits are based on one-half the difference between the average amount earned
before the injury and the average amount the worker is earning or able to earn after
the injury. TP is payable until the injured worker is returned to full employment
or until maximum improvement is reached.
PT benefits are based on two-thirds of the worker’s weekly wage rate at the time of
injury. PT is paid for the duration of the disability.
PP scheduled awards are paid when an injury or illness results in loss of use of certain
members of the body. This type of PP WC is computed by multiplying the worker’s percentage
of loss by the number of weeks for full disability of that part of the body as designated
in their statutory schedule (found in Title 24, Chapter 11, Section 254c[b]). That
number of weeks is then multiplied by the WC rate to give the award amount.
PP unscheduled awards are paid for permanent disability from internal injuries, back
injuries, or other injuries not specifically listed in the schedule. It is based on
the percentage of partial disability to the body as a whole. The maximum award for
an unscheduled injury is 200 weeks. Payments are made in monthly installments and
are in addition to TT WC. They begin when the TT ends. Lump sum payments of this WC
type are not allowed by law.
The Virgin Islands do pay for disability based upon disfigurement unless scheduled benefits are paid or payable for a particular member or organ (see ‘PP Scheduled
Awards above). These benefits may not exceed 100 weeks, and are in addition to other
Lump sum payments are rare because lump sums are only made after a case goes to an
adjudicator, if necessary.
In any case where a totally disabled person is presently receiving the maximum weekly
income benefit rate continuously for over two years, shall have their benefits adjusted
after those two years. The COLA increase takes place in January of each year.
There is no law limiting the amount an attorney may charge.
The Virgin Islands WC is not reduced for receipt of RIB.
Claims should be filed within sixty days after the injury, but the Administrator may
extend the time limit if ‘good and reasonable cause’ is shown.
Contact the Department of Labor, Bureau of Workers’ Compensation to verify WC at:
53AB & 54AB Kronprindsens Gade
Charlotte Amalie, St. Thomas, VI 00802
Phone: 340-776-3700 (TDD: 800-440-8477)
Virgin Islands Department of Labor http://www.vidol.gov/
Virgin Islands Workers’ Compensation website http://www.vidol.gov/Units/Workers_Compensation/Workers_Comp.htm
Virgin Islands WC law (Title 24 Chapter 11) http://www.lexisnexis.com/hottopics/vicode/