Frequently Asked Questions About Workers’ Comp in Pennsylvania
January 28, 2019
Are you wondering about workers’ compensation benefits in Pennsylvania for you or a loved one? Did you have an on-the-job accident that has left you with long-term injuries and the inability to work for more than a week?
How Can I Prove a Workers’ Compensation Claim?
In Pennsylvania, the burden of proof falls on the worker, not on the employer. Therefore, a worker who has been hurt must prove that his or her injuries occurred during or in the course of employment. In some cases, such as the loss of a limb due to mechanical failure, this may not be difficult. In other cases, providing evidence without the help of a workers’ compensation lawyer could be challenging.
The exception to this rule is if a worker receives workers’ compensation and the employer wants to change or terminate benefits. In that situation, the burden of proof falls on the employer or the employer’s workers’ compensation insurance company.
How Are Workers’ Compensation Benefits Calculated?
Wage loss benefits are typically calculated at two-thirds of your gross weekly pay. If your paycheck never varies, this is simple to calculate. However, if your paycheck changes from week to week, it is best to work with your workers’ compensation lawyer to determine an average weekly amount based on your time with the company. Regardless of what you were formerly paid, your workers’ compensation benefits cannot exceed the maximum set by law.
How Long Do Workers’ Compensation Benefits Continue?
After your claim for workers’ compensation benefits has been approved, you will continue to receive benefits until and unless a few things happen to change your status. For one, your employer may settle with you, offering you a lump sum of money. Another possibility is that a judge will terminate, suspend, or alter your workers’ compensation benefits.
Are Workers’ Compensation Benefits Only for People Who Cannot Work at All?
You may be able to perform some form of work, but you cannot do the same work you could before your job-related injury. In that situation, you may be entitled to partial disability benefits. Partial disability benefits are calculated using a specific formula. Your current weekly pay will be subtracted from your former weekly pay. The remainder will be multiplied by two-thirds, giving you your weekly workers’ compensation benefit amount.
For example, you may have made $1,000 per week before your accident. Afterward, you made $600 weekly. The difference, which is $400, would be multiplied by two-thirds. This means you would receive about $268 extra, making your total weekly pay $600 plus $268, or $868.
Philadelphia Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C., Help Injured Workers Find Financial Relief
Looking for personalized information from a knowledgeable workers’ comp lawyer in Philadelphia? For decades, Larry Pitt & Associates, P.C., has worked with injured individuals to recover the benefits they deserve. If you have been hurt in an on-the-job accident that left you unable to work, contact us online or call 888-PITT-LAW for a free consultation.
We proudly represent injured workers in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County and throughout Pennsylvania, including those in the communities of Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester and Wynnewood.