How Do You Determine How Much You Are Entitled To in a Worker’s Compensation Claim?
In Pennsylvania, workers’ compensation benefits are determined by a formula based on your average weekly wage (AWW). In most instances, you will receive a monetary payment equal to approximately 2/3rd of the weekly amount you were earning before you were injured. There is a cap, however, on the amount of benefits that can be paid out, so if you were a highly compensated worker, it’s likely that your benefits will be less than 2/3rd of your former pay. Additionally, if you receive less than the average worker in Pennsylvania, you may be entitled to up to 90% of your former earnings.
Workers’ compensation benefits typically do not kick in until you have been unable to work for at least seven days. Pennsylvania has a seven working day waiting period, which offsets your benefits if you are disabled for 14 days or less. For example, if you miss 13 days, you will receive benefits for only 6 days (13-7). However, if your injury keeps you away from work for more than 14 days, you get benefits from the first day you were unable to work.
Workers’ compensation benefits are not taxable, so the amount you receive will typically be comparable to your after tax income.
In addition to financial compensation, you are entitled to have certain medical expenses covered under a workers’ compensation claim. Generally, medical facilities and medical caregivers are paid according to a fee schedule administered by the Bureau of Workers’ Compensation.
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At Barnard, Mezzanotte, Pinnie & Seelaus, we have protected the rights of individuals throughout Delaware since 1980. We offer a free initial consultation. To schedule an appointment, call us at 610-565-4055 or contact us online.