Do I Receive All My Lost Wages in a Workers’ Compensation Claim?

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Workers May Receive Full Compensation for Lost Wages in Some Case

When you are injured at work, you may receive workers’ compensation benefits. Most employers in Pennsylvania are required to carry workers’ compensation insurance for their employees. However, workers’ compensation does not reimburse workers for all lost wages. Workers are on entitled to a portion of their lost wages when a workplace injury prevents them from returning to work.

Calculation of Total Temporary Benefits

The Workers’ Compensation Act in Pennsylvania sets the amount of benefits a worker may receive if he or she cannot work after an injury. In many cases, a person may receive an amount that is equal to 2/3 of the person’s average weekly wage while they are out of work.

However, those figures are adjusted based on maximum and minimum benefits for the year of injury. Also, the money you earn has an impact on the amount of income benefits in a workers’ compensation claim.

For injuries that occurred on or after January 1, 2020, the Act provides the following compensation rate schedules. The income amounts are based on gross income rates before any deductions for taxes or other payroll deductions.

  • The maximum amount you can receive for total disability benefits after a workplace injury is $1,018 per week.
  • If your income falls between $810.76 and $1,621.50 per week, your workers’ comp benefits equal 66 2/3 percent of your average weekly wage up to the maximum amount.
  • If your income falls between $600.56 and $810.75 per week, your total disability benefit is $540.50 per week.
  • If your income is $600.55 or less per week, you receive 90 percent of your average weekly wage for total disability benefits.

Total disability benefits are only paid while you are unable to work because of your workplace injury. Your doctor must certify that your injuries prevent you from performing any type of work. If you can perform light duty, your lost wage benefits are based on the difference between what you would have earned had it not been for the accident and what you are earning on light duty.

Workers May Receive Full Compensation for Lost Wages in Some Cases

The workers’ compensation system is a no-fault system. Workers do not need to prove their employers were negligent to receive workers’ comp benefits. However, the trade-off is that workers are unable to sue their employers for work-related injuries in most cases.

Unfortunately, workers are not compensated fully for all loss of income. Unlike a personal injury claim, injured workers are restricted in the benefits they may receive.

However, if your injury involves a third party, you may also receive additional compensation for a workplace accident. In a third-party claim, you can seek full compensation of all damages, including all lost wages as well as pain and suffering damages. A third-party claim may compensate a worker for all damages.

An Erie workers’ compensation lawyer can help you determine if you have a third-party claim in addition to your workers’ compensation claim. An attorney can also help ensure that your average weekly wages are calculated correctly, so you are not cheated out of money that you deserve after being injured at work.

Contact Our Erie Workers’ Compensation Attorney for a Free Case Review

You have the right to consult with a Pennsylvania workers’ compensation lawyer after a workplace injury.

If you have questions about lost wage claims or other workers’ compensation matters, schedule a free legal consultation with an Erie workers’ compensation lawyer with The Travis Law Firm by calling (800) 401-2066.