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Pursuant to Section 306 of the Pennsylvania Workers’ Compensation Act, (a) (1), “for total disability, sixty-six and two thirds per centum of the wages of the injured employe as defined in Section 309 beginning after the seventh day of total disability, and payable for the duration of total disability, but the compensation shall not be more than the maximum compensation payable as defined in Section 105.2.”
For most injured workers in Pennsylvania, the above language means 2/3 of the pre-injury average weekly wage. However, if the earnings are below a certain level, the compensation rate can go up to 90%.
If you have a Pennsylvania Workers’ Compensation claim, make sure the adjustor sends you a Statement of Wages– this document reflects the pre- injury earnings and lists the data/gross earnings during various periods before the work injury. You will want to have an experienced and Certified PA Work Comp Attorney review this to make sure your pre -injury wages were calculated properly. If they weren’t, I can file a Petition to Review on your behalf to challenge the calculations. I have many clients who were never sent this document. The adjustors often forget to send this to the injured worker at the outset of a case.
There are maximum compensation rates for weekly benefits for each year. For 2013, the maximum weekly compensation rate is $917.00 per week. So, even if you earned $4000.00 per week pre- injury, your comp rate is capped out at $917.00 per week.
Per Section 306 (a)(1), if the benefit so calculated is less than fifty percent of the Statewide average weekly wage, then the benefit payable shall be the lower of fifty percent of the Statewide average weekly wage or ninety percent of the workers’ average weekly wage.
If you need help analyzing your PA Workers’ Compensation rate, feel free to call or email me 7 days a week at (215) 206-9068 or Michael@cardamonelaw.com. We cover all costs and there are no out of pocket charges- Free Consults
The Cardamone Law Firm, LLC