Workers' Compensation Questions Answered: What Wage Loss Benefits Am I Entitled To If I Am Injured On the Job?
September 26, 2011
If you lose wages, or are out of work for more than seven (7) days, including weekends, as a result of a work related injury or disease, you are entitled to begin receiving wage loss benefits. If the disability lasts for fourteen (14) days or more, you are entitled to receive wage loss benefits for the first seven (7) days of disability. To qualify for benefits, the lost work days need not be consecutive.
During your period of work related disability, you are entitled to receive wage loss benefits equal to two-thirds (2/3) of your pre-injury average wages up to a statutory maximum. Low wage or part-time workers may receive more than two-thirds (2/3) of their pre-injury wages. When calculating wages, your employer or its insurance carrier must take into account wages from all sources of employment. Thus, for example, if you have a part-time job in addition to your regular full time job, your employer is obligated to include the part-time wages when calculating your weekly disability benefits.
Employers are permitted to make payment of wage loss benefits for up to ninety (90) days without formally accepting responsibility for your work injury. In those instances, a Notice of Temporary Compensation Payable must be sent to you. If your employer continues to pay wage loss benefits beyond this period, your employer is legally responsible for your injury. In this case your employer must continue paying benefits until you either return to work at no loss of wages or sign an agreement permitting the employer to stop payment.
If you are partially disabled and return to work at reduced hours or wages, you are entitled to receive two-thirds (2/3) of the difference between your pre-injury and post-injury wages. Partial disability benefits are payable for a maximum of five hundred (500) weeks.
Willig, Williams & Davidson Workers' Compensation Lawyers
The workers’ compensation attorneys at Willig, Williams & Davidson have a deep knowledge of workers’ comp law. Our lawyers in Philadelphia use our workers’ compensation expertise and a broad client base to leverage the best possible results for our clients in Philadelphia, Pennsylvania and beyond. Our Workers’ Compensation Department provides advice, counseling and legal representation to sick and injured workers, to make sure that they receive 100 percent of the benefits required by law.