What is a hardship waiver?

A hardship waiver is an option available under Virginia Workers Compensation Law for employees who have been injured on the job and are unable to return to work. The waiver allows the employee to waive their right to future compensation payments, essentially ending the employer’s responsibility to pay them for future medical costs and lost income. In order to be eligible for a hardship waiver, an injured employee must demonstrate that they are unable to find work or other income sources that pay the same amount as they were earning at the time of their injury, or that no such work or income sources exist. The employee must also show that they have taken all reasonable steps to secure work or income sources before applying for the waiver. The Virginia Workers Compensation Commission reviews hardship waiver requests, and only grants them in rare cases, if the employee can prove that their circumstances are truly dire and they will suffer hardship without the waiver. The hardship waiver is the final step in the compensation claim process, and its aim is to provide an equitable and fair solution for the injured worker and their employer.

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