The Pennsylvania Workers Compensation Act (the “Act”) provides benefits to workers who suffer work-related injuries or illnesses. This is the first of a two-part article regarding workers’ compensation benefits. Types of workers’ compensation benefits related to lost wages and disability, whether permanent or total, include:
Payments for Lost Wages
If a worker is either totally disabled and unable to work or partially disabled and receiving wages less than those pre-injury, the Act allows wage-loss benefits roughly in the amount of two-thirds of a worker’s average weekly wage, capped at a weekly maximum. The minimum rate of wage-loss benefits is the lower of 90 percent of the workers’ average weekly wage or 50 percent of the statewide average weekly wage. Note that workers’ compensation benefits may offset Social Security benefits, as well as other types of employee compensation and benefits.
Temporary Total Disability (TTD) Benefits
TTD benefits are payable when a worker is totally disabled and unable to work because of a work-related injury, but only temporarily. If an injury prevents an individual from working for 104 weeks, this person may be required to undergo an Impairment Rating Evaluation (IRE) to determine if the disability may be only partial, which will occur if a worker has less than 50 percent whole body impairment.
Partial Disability Benefits
As mentioned above, partial disability may be determined based on an IRE or medical opinion typically requested by an employer’s insurance carrier. A worker may perform light-duty work and therefore be capable of earning some wages. If this lighter work pays wages that are less than that paid pre-injury, the Act allows a worker to receive two-thirds of any pay difference based on the average weekly wage, capped at the maximum weekly rate in the year of the work-related illness or injury.
For 110 years, Powell Law has litigated Pennsylvania workers compensation actions and obtained benefits for injured Pennsylvania workers. Powell Law’s decades of experience make it the clear choice for representation in the Scranton/Wilkes-Barre area. Consult an experienced Pennsylvania workers’ compensation attorney. Contact Powell Law at (570) 961-0777. The consultation is FREE!