Back to Work With Restrictions? You May Still Be Owed a Workers’ Compensation Check

By Maria Elena Dryden

Returning to work after an injury does not automatically mean your Workers’ Compensation checks should stop. If you return to light-duty or modified-duty work and earn lower wages because of your work injury, you are entitled to partial disability benefits in addition to your paycheck if the work injury continues to reduce your earnings. The reason for the wage loss matters. Restrictions alone do not automatically establish entitlement to a partial check; the reduced earnings must be connected to the work injury.

A “partial” check is a Workers’ Compensation payment that replaces part of the earnings you lose because of your work injury. Pursuant to Section 306(b) of the Pennsylvania Workers’ Compensation Act, partial disability benefits generally equal two-thirds of the difference between your pre-injury average weekly wage and your post-injury earnings or earning power, subject to statutory limits. If your weekly earnings are reduced due to your injury restrictions, reduced hours, loss of overtime, or a lower-paying job, you are entitled to partial disability benefits based upon the difference between your pre-injury average weekly wage and what you are now making.

For an injured worker who has returned to restricted work, this can mean receiving two payments: wages for the work performed with restrictions and a Workers’ Compensation payment for part of the remaining wage loss. For example, if your pre-injury average weekly wage is $1,500 and your gross earnings after returning to light-duty or restricted work are $900, your weekly wage loss is $600. You are entitled to two-thirds of that difference, a check for $400 every week you work in restricted duty due to the work injury.

Your earnings after returning to work help determine whether you are eligible for a wage-loss check. Importantly, your pre-injury average weekly wage calculation deserves careful review. Overtime and qualifying earnings from a second job held at the time of injury can affect that figure. An understated average weekly wage can mean understated partial disability checks.

Do not assume that because you returned to work and are earning a paycheck, you are no longer entitled to Workers’ Compensation wage-loss benefits. If you are earning less because of your work injury after you return to work, you are entitled to a partial disability check.

If you have returned to work at reduced earnings and are not receiving a partial check or you have questions concerning your wages, contact certified Pennsylvania Workers’ Compensation lawyer Michael G. Dryden, Esq. at 215-656-3645 to have your benefits reviewed.