How Does Workers’ Comp Pay for Lost Wages in Pennsylvania?
March 28, 2022 | Workers’ Compensation
If you’re a Pennsylvania resident who was injured on the job, chances are you have worries about your health and finances. One of these concerns may be how you will continue to pay your bills if you are unable to work. A large part of that uncertainty and stress is not knowing how the lost wages you receive will be calculated.
The best way to value your claim and ensure that you receive all the lost wages you are owed after your accident is by consulting with an experienced workers’ compensation attorney.
In the meantime, find out more about what wages you could potentially receive from your workers’ compensation claim by taking a look at our breakdown of how workers’ comp pays for lost wages in Pennsylvania.
Types of Pennsylvania Workers’ Comp Benefits
Workers’ compensation laws and enforcement agencies vary by state. In Pennsylvania, the Pennsylvania Workers’ Compensation Act outlines workers’ comp laws for the state. The Act is enforced by the Department of Labor & Industry, which ensures that workers in Harrisburg, Pennsylvania, are compensated fairly after an accident.
There are several different types of workers’ compensation benefits; they are based on the severity of your injury. Your level of disability will be determined by your medical records and also by an independent medical examination (IME).
The categories in which your injury may be classified include:
- Temporary total disability
- Temporary partial disability
- Permanent total disability
- Permanent partial disability
Workers are eligible for permanent total disability when they are not able to return to their current position or any other kind of gainful employment for the rest of their working years. Temporary total disability occurs when the worker’s injuries prevent them from engaging in any type of work for a specified length of time.
A worker is eligible for permanent partial disability when they have an ongoing partial disability that will affect their ability to work indefinitely. Workers who can’t return to their current job but can engage in other gainful employment may be eligible for temporary partial disability.
Calculating Wage Loss Benefits for Your Pennsylvania Workers’ Comp Claim
Workers’ compensation wage loss benefits for Pennsylvania workers are carefully calculated using a mathematical formula that is based on the average weekly wage the worker received prior to their injury. Each type of wage loss benefit is calculated differently.
For permanent total disability, the compensation rate is calculated by multiplying the worker’s average weekly wage by two-thirds. There is no limit to how long a worker can receive total disability wages. If the worker is also receiving Social Security Disability Insurance, the combined amount of the benefits can’t exceed 80% of their pre-injury wages.
For permanent partial disability, the compensation rate is two-thirds of the difference between the worker’s average weekly wage pre-injury and their average weekly wage after the injury. The worker is limited to a 500-week reimbursement period.
The compensation rate for temporary partial disability is two-thirds of the difference between their pre-injury wages and their current wages at their new job.
Temporary total disability payments are two-thirds of the worker’s average weekly wage. However, this wage is capped by a standardized amount set by the Pennsylvania Department of Labor & Industry.
While the above explains the general rule of how Pennsylvania calculates wage loss, there are two situations for when you may receive a higher or lower amount of lost wages:
- If your weekly wage is capped at $1,205 per week (as of 2022); and/or
- If your weekly wages pre-injury were $669.43 or less, you could receive up to 90% of your gross weekly wages
What’s important to remember is that injured workers have the right to be compensated fairly after being injured on the job. A Pennsylvania workers’ compensation attorney can help you navigate the complex eligibility requirements and calculation metrics of your claim.
Contact the Workers’ Compensation Lawyers In Pennsylvania at Marzzacco Niven & Associates For Legal Help With Your Case
Workers’ Compensation Attorneys in Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111