Average Workers Compensation Settlement Amounts in Pennsylvania

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.

Disfigurement Benefits

Disfigurement is a type of injury that not only has physical ramifications but also high emotional costs. Scars, defects, or deformities of the head, face, or neck that occur due to a workplace injury are covered under the Pennsylvania Workers’ Comp law.

In such cases, return to work is not easy. You not only have to overcome the physical aspects of the injury but also adapt to a new physical appearance. These scars or disfigurements are constant reminders of a brutal injury and may severely affect your emotional and psychological health.

Under the law, you are eligible for these benefits “if there is a serious, permanent disfigurement of the head, face, or neck”.

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.

If the Judge determines you are disabled from your pre injury job as a result of your work-related injury, then you will get 2/3 of your average weekly wage leading up to the date of injury. The insurer will prepare a Statement of Wages based on your actual earnings for the 52 weeks prior to the date of injury. The Statement will show your Average Weekly Wage and the Compensation Rate. The Compensation Rate is what you will get if you win, for each week you’re disabled due to the work injury.

If you were employed less than 52 weeks before the date of injury with the time of injury Employer, there are other methods of determining your average weekly wage and comp rate. 10% statutory interest is payable on back due payments unless otherwise forfeited.

Maximum Weekly Compensation Rates for Wage-Loss Benefits in Pennsylvania

The Workers’ Compensation Act sets forth maximum weekly compensation rates for wage-loss benefits. These limits are derived from the Department of Labor and Industry’s assessment of the statewide average weekly income. In 2024, the maximum compensation rate stands at $1,325 per week.

Various compensation blocks are established to determine the benefit rate based on an employee’s average weekly wage. If their average weekly wage falls at or between $1,987.50 and $993.76, the compensation rate is set at 2/3 of the employee’s average weekly income.

Should the average weekly wage fall at or between $993.75 and $736.11, the weekly compensation rate is fixed at $662.50 per week.

Lastly, if the employee’s average weekly wage amounts to $736.10 or less, the compensation rate is set at 90%of their average weekly wage.

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.

Is there a Cost of Living Increase in Pennsylvania Workers’ Comp?

No. Temporary Total Disability can last a lifetime, theoretically. But it rarely does. Once an injured worker is on Temporary Partial Disability, there is a limit of 500 weeks. TTD is when an injured worker is not working at all and getting a full comp check. TPD is when there is an earning power established. (by virtue of an injured worker’s actual post injury earnings, or by way of a Judge’s determination that the injured worker has an earning power that’s less than the pre- injury average weekly wage)

Can I Get Paid for Pain and Suffering in a Workers’ Comp Case?

The answer is no. Workers’ Compensation is the sole remedy against your Employer for a work-related injury. And Workers’ Compensation doesn’t include pain and suffering or payment for annoyance. You get a weekly or a bi-weekly check, and in many cases, a lump sum settlement, and payment of related medical treatment.

However, if there is a Third Party Case- you may be able to recover pain and suffering damages in that matter, but not in Pennsylvania Workers’ Compensation. Here’s an example: Your boss asks you to drive to Staples to get more paper for the office. On the way, you are rear ended. You sustain a disabling neck injury. You have two cases here. First, you have a Work Comp case against your employer and its work comp carrier. Second, you have a potential case for negligence (Third Party case) against the driver who rear ended you. In that Third Party case, you may be able to recover pain and suffering damages. Note in these situations, there is a concept called “Subrogation” which means Reimbursement. The work comp carrier, will be entitled to subrogation , the right to get reimbursed from the Third Party case, using a formula that accounts for attorneys’ fees, costs, etc. Subrogation can be a tricky concept, so you’ll want to coordinate the Work Comp case with the Third Party case- such that the respective attorneys can maximize the recovery. A Third Party is an entity other than the employer.

The Pennsylvania Work Comp Statute is a No Fault Statute. It doesn’t matter if the injury was your fault, the employer’s fault, or no one’s fault. If you’re injured in the course and scope of employment, you’re covered. (some exceptions such as intentional injuries, etc). As such, the employers and carriers aren’t punished with punitive damages. It was the “Grand Bargain” which balances the need to help injured workers until they can re-gain their earning power, but won’t decimate employers and carriers with the risk of catastrophic recoveries for negligence.

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.

How Our Attorneys Can Help Recover the Maximum Workers’ Compensation Settlement in Pennsylvania

Workers’ Compensation settlements are often referred to as “global settlements” because they cover both medical expenses and wage-loss benefits. They are usually paid as a lump sum. However, you may be able to receive a lump sum payment for wage loss benefits while continuing to receive benefits for ongoing medical expenses.

Determining the appropriate settlement amount for your Workers’ Compensation claim can be highly complicated task. Thankfully, our lawyers can help meticulously gather and analyze all pertinent information related to your case. This may include details about your injury, medical treatment received, ongoing medical needs, and projected future medical care. In turn, we will be able to anticipate the medical expenses and lost income you may incur in the future and ensure that your settlement amount adequately covers these anticipated costs.

After determining the value of your claim, our attorneys will work to secure an acceptable settlement offer and, overall, work tirelessly for you to recover the full range of benefits you deserve.