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How Is My Pennsylvania Workers’ Compensation Rate Determined?

One of the most common questions that our clients often ask us is: As an injured worker, how much money should I get from my employer’s workers’ compensation insurance carrier if I am not able to work?

Unfortunately, the amount that you should be entitled to, is frequently not what the insurance company is willing to pay you. They may employ a host of strategies, including miscalculating your indemnity wages, so they can avoid paying you the full coverage.

Pennsylvania Workers Compensation Rate
Image Source: unsplash.com/Mackenzie Marco

To fight against all that, you will likely need a good workers’ compensation attorney to get you the benefits you deserve.

What are indemnity benefits?

Under the Pennsylvania Workers’ Compensation Act, injured workers are entitled to wage loss benefits, also known as indemnity benefits, based on the earnings at the time of injury. Generally, indemnity benefits are calculated based on 2/3 of your average weekly wage. However, there are many other factors that must be considered in this calculation.

Wage calculations can get rather complex in Pennsylvania. The Bureau of Workers’ Compensation attempts to ensure that the calculation of wages is an approximation of what an employee could have been expected to earn had he or she not been injured.

? How are my indemnity benefits calculated?

The Pennsylvania Department of Labor and Industry sets the workers’ compensation rate calculations for each year and your benefit rate is calculated based upon the year of your injury. This is done to ensure you receive a fair settlement that protects your dignity and livelihood.

Unfortunately, there are no cost-of-living increases, and therefore your compensation rate remains the same during the entire time that you are disabled and out of work.

If you were injured in 2023, the maximum weekly benefit that you can get is $1,273.00. If you made between $954.76 per week and $1909.50 per week, you could get 2/3 of your gross (before deductions) average weekly wage. However, if you made between $707.22 and $954.75, you would get $707.22 per week, and if you made less than $707.21 per week, you would get 90% of your gross average weekly wage.

The good news is that workers’ compensation benefits are generally not taxable!

? What if I had two jobs?

If you had two jobs at the time of your injury, your earnings from your other jobs should also be taken into consideration and you should be compensated for the money that you are losing from both jobs.

Can workers’ compensation benefits be miscalculated?

The workers’ compensation insurance company often miscalculates your correct average weekly wage and compensation rate. Therefore, you should retain a good workers’ compensation attorney in Pennsylvania to ensure that you are getting the full benefits to which you are entitled.

The insurance company may also have failed to include your overtime in calculating your average weekly wage or used the wrong formulas to calculate it and the compensation rate.

Crucial factors when calculating workers’ compensation benefits:

  • The length of time that you worked for your employer is often crucial in calculating the correct average weekly wage.
  • Gratuities should also be included in calculating the average weekly wage if reported by the employee for federal income tax purposes.
  • Bonuses, incentives, and vacation pay are prorated over the year and added to the average weekly wage after the annual amount earned is divided by 52.
  • Money advanced or reimbursed to an employee for board and lodging must also be considered in computing the average weekly wage.

These calculations can be complex and confusing.

Our workers’ compensation attorneys can help you!

We have litigated the issue of the correct average weekly wage and compensation rate for many of our clients to make sure that injured workers receive all benefits to which they are entitled.

If you have concerns about your benefits not being calculated fairly, reach out to us at (215) 206-9068 for a free consultation.

Awards & Recognitions

Pennsylvania Workmans Comp Attorney
Philadelphia Workmans Comp Lawyer

Cardamone Law Has Negotiated Some of the Largest Workers’ Comp Settlements in Pennsylvania

$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases
$2.2 Million
Spinal Injury
$897,000
Lower Back Injury
$650,000
Lower Back Injury
$550,000
Neck Injury
$425,000
Leg Injury
$375,000
Knee Injury
$325,000
Ankle Injury
& Hundreds More Cases

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"Cardomone law is absolutely fantastic! They are very responsive and helpful and they will fight to get you what you deserve. Shirley is also very helpful whenever you have any questions! Best Law Firm around!"

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"Cardamone Law Firm were very helpful to me since day one. Michael and Shirley are very dedicated to my case giving me updates, answering my questions, being honest with my case, and getting the maximum amount favorable to my case. Thank you so much for your service and dedication and helping me to achieve not only your case but to guide and refer me in other needs too! You guys are the best law firm friendly and dedicated. I will recommend to anyone."

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"Michael won my workers comp case after my employer insurance denied my claim."

"Exceptional firm. Highly recommend this law firm. Michael won my Workers Comp case after my employer insurance denied my claim. Him and his staff were always at my reach for legal and emotional support. Am so happy I hire them. Thanks Michael and Ms. Shirley."

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"[They] did an excellent job in getting me financially compensated in a fairly short amount of time."

"I recently had a work related injury and was receiving Workers' Compensation (medical benefits only). Soon after I was fired, so I contacted Paul Silver at Cardamone Law Firm who did an excellent job in getting me financially compensated in a fairly short amount of time. Paul and his assistant Shirley always responded to any questions I had about the case in a very short amount of time. Thank you for helping me with this difficult case."

- Robin C.
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"Cardamone Law was great with helping my husband with his Workers Comp issues. Mike and Shirley were the best with letting us know what was going on every step of the way. Highly recommend."

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"Mike Cardamone is amazing. He is "hands down" one of the best lawyers I've ever had the privilege of knowing. He is very kind, understanding, knowledgeable in his field, always very thorough and helpful. He was extremely professional and someone who truly cares about his clients. I felt completely at ease with him. He was a pleasure to work with, explained everything in detail, as well as answered all my questions with knowledge and care. If you want someone you can trust, who communicates every step of the way, will fight for you and make sure you win your case, he is it! I will refer all my family and friends to him. Thank you so much Mike, for everything. I appreciate all your hard work and dedication in helping me."

- Allie M.
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"Without a doubt YOU are the best!!! Every person who is in the horrible position of being injured at work should have someone as kind, compassionate and knowledgeable as you on their side. You never once made me feel like I was one of a hundred other clients. I always knew you had my back! You answered calls and emails at all hours. You fought every fight for me so I only had to worry about getting well. Behind your nice, calm face there’s a pit bull ready to take on any employer or judge. I can never thank you enough."

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"Michael is simply the best! He was there for me from day 1 till the end, and we won the case!! He is always available to help. I had a gazillion questions and he would answer them one by one. He's a great lawyer and I feel lucky to have found him online from reading other outstanding reviews about him. Believe me, they're true!"

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"Great attorney, handled case quickly and efficiently. I would recommend him and would use him again. He was always available to answer any questions we had. Thank you, Mr. Cardamone."

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