How Much is a Pennsylvania Workers’ Comp Case Worth?
Most employers in Pennsylvania are supposed to carry Workers’ Compensation insurance coverage for their employees. This insurance provides crucial financial support to injured workers who sustain work-related injuries and illnesses. Generally, any type of harm that is sustained during the course of an employee’s job performance will be covered.
However, the amount of Workers’ Compensation benefits that will be awarded can vary from claim to claim. Factors that may influence the value of your claim include the cost of your medical treatment, your injury’s impact on your ability to work, and the length of time you may spend in recovery.
If you were hurt at work, get help from our Certified Pennsylvania Workers’ Compensation Lawyers at Cardamone Law by calling (267) 651-7945.
Benefits You Can Recover in a Pennsylvania Workers’ Compensation Claim
In Pennsylvania, employees who are injured on the job may be eligible for a variety of compensatory benefits. Our skilled Workers’ Compensation attorneys are ready to review your case details to identify which of these benefits may be sought:
Lost Wage Benefits
It is possible that your workplace injury will keep you from returning to work during your recovery. For instance, as a warehouse worker, a back injury may severely inhibit your ability to lift, push, or pull heavy items around your worksite. Alternatively, as an office worker, you may be unable to get back to work after developing carpel tunnel.
Fortunately, if your work-related injury prevents you from performing your job duties, then you may qualify for wage loss benefits. These benefits will compensate you for a portion of the lost income you incur because of the harm you suffered.
Benefits for Medical Expenses
Additionally, you may obtain payment for the cost of medical care related to your on-the-job injury. Any medical treatments that are reasonably necessary to treat your injury may be accounted for. For example, the costs of your ambulance ride, surgical care, hospital treatments, medications, and post-operative therapies may all be covered.
Specific Loss Benefits
For severe injuries resulting in the loss of limbs, the loss of function in limbs, or severe disfigurement, “specific loss” benefits should be available. These benefits will compensate you for lasting impacts the affected body parts. Usually, they are paid out over a pre-determined number of weeks.
Death Benefits
In the unfortunate event that you pass away because of a work-related injury or illness, your dependents may be able to recover death benefits. This form of financial support is intended to assist family members who relied on you for financial stability.
How Much Are Wage Loss Benefits Worth in Pennsylvania?
Your wage loss benefits will typically equal approximately 2/3 of your average weekly earnings. Still, under certain circumstances, it may be possible to receive benefits that approach 90% of your pre-injury earnings. The calculation of these benefits can be influenced by other income sources you may have, such as Social Security benefits, severance packages, or any additional income you earn. It is also important to note that these benefits do not include adjustments for cost of living.
Further, Pennsylvania sets forth a maximum weekly amount of wage loss benefits that may be recovered. This upper limit is determined based on evaluations by the Department of Labor and Industry, which assesses average wages across the state. For the year 2024, the highest amount of weekly payment you may receive for lost income is set at $1,325.
Are Wage Loss Benefits Paid Out Indefinitely in Pennsylvania?
If you are deemed to be “totally disabled,” then there is no preset limit for how long your wage loss benefits can continue. Alternatively, if you are considered “partially disabled,” then such benefits are limited to a period of 500 weeks.
If you have been receiving total disability benefits for at least 104 weeks and your doctor has determined that you reached a stage of Maximum Medical Improvement (MMI), then your employer may request that you receive an Impairment Rating Evaluation (IRE). During your IRE, the attending physician will determine your disability rating in the form of a percentage.
In 2018, the legislature in Pennsylvania set forth Act 111, which established new guidelines for deciding what qualifies as a total disability. If your impairment rating is under 35%, then your benefits will transition from total to partial.
It is important to remember that while there may be limitations on the duration of wage loss benefits, there are no such limitations on benefits for medical expenses.
Tips for Recovering the Maximum Amount of Payment in Your Pennsylvania Workers’ Compensation Claim
Navigating the aftermath of a workplace accident can be difficult. Still, there are certain steps you may take to improve your chances of recovering maximum payment in a Workers’ Compensation claim.
Report Injuries Immediately
You must report your injuries promptly after suffering a workplace accident. If you do not report your injury to your employer within 120 days of its occurrence, then you may have difficulty obtaining Workers’ Compensation benefits in Pennsylvania.
Seek Prompt Medical Attention
You should also seek medical treatment immediately following your injury. Not only is this critical for your health, but medical records can serve as important evidence in support of your claim.
Document Everything
It may also help to document everything related to your workplace injury or your claim. For instance, you should keep copies of all medical bills you incur and make note of any workdays you miss. Moreover, should keep copies of any communications with your employer and document all interactions with your healthcare providers.
Follow Medical Advice
You must follow your doctor’s order carefully. It is likely that your boss’ insurance company will hire a private investigator to follow you after filing your claim. If you are caught disobeying medical advice, then your Workers’ Compensation benefits may be halted.
For example, if you are receiving wage loss benefits related to a wrist injury that prevents you from lifting items at work and are later photographed moving a couch, then your claim may be called into question.
Call Our Law Firm After Being Injured at Work in Pennsylvania
Seek assistance from our experienced Philadelphia Workers’ Compensation lawyers at Cardamone Law by calling (267) 651-7945.