Do I Get Workers’ Comp Back Pay?

May 28, 2019

workers comp lawyer PhiladelphiaInjured workers may be eligible for wage loss benefits if they miss more than seven days of work. However, to receive payment for all days missed, including retroactive pay for the first seven, they must miss at least 14 days of work. Workers who are unable to return to work for more than seven days following their injuries may receive various workers’ compensation benefits, including either temporary or permanent disability payments.

Types of Disability Benefits in Pennsylvania

Under the Pennsylvania Workers’ Compensation Act, injured employees may receive wage loss compensation if their injuries cause them to miss work for more than seven days. Depending on the type and severity of their injuries, Pennsylvania workers may qualify for either:

  • Temporary total disability – This type of benefit is available for workers who are temporarily unable to work at all following their injury. Workers who qualify for this type of disability may collect two-thirds of their pre-injury average weekly wage for up to 500 weeks, depending on their injury.
  • Temporary partial disability – Workers who are determined by an Independent Medical Examination (IME) doctor to be less than 35 percent impaired may receive this type of benefit. Those who qualify for temporary partial disability are able to work, however not in the jobs they had prior to their injury; therefore, they may collect two-thirds of the difference between the wages they earned before and after their injury.
  • Permanent partial disability – Workers with partial disabilities may receive two-thirds of the difference between the wages they earned before and after their injury. Workers who qualify for this type of benefit are determined to have less than 35 percent impairment.
  • Permanent total disability – This type of disability is available for workers who are unable to return to work of any kind following their injury. Workers who are determined by the IME doctor to be more than 35 percent impaired may qualify for these payments, and potentially a lifetime pension, which equal two-thirds of the worker’s average weekly salary at the time of the injury.

Should I Accept a Workers’ Compensation Settlement?

In Pennsylvania, workers are entitled to receive payments in periodic installments equivalent to the payment cycle they had while working – typically weekly or bi-weekly. However, a worker may decide not to accept an employer’s/insurance company’s offer and instead either negotiate a settlement (also called a Compromise and Release Agreement) or attend a formal workers’ compensation hearing, after which a judge will issue a written decision in the case.

When deciding whether to settle, it is important to consider several factors, including whether a worker:

  • requires further medical treatment in the future;
  • will be able to responsibly manage a lump sum payment;
  • has reached maximum medical improvement; and
  • is willing to go through a risky and potentially lengthy workers’ compensation hearing.

A qualified workers’ compensation lawyer can help explain all available legal options and requirements. Laws on workers’ comp back pay vary by state, therefore it is advisable for injured workers to seek the counsel of an attorney in their local area.

Philadelphia Workers’ Compensation Lawyers at Larry Pitt & Associates, P.C. Can Help You Get the Back Pay You Are Owed

If your work injury caused you to miss more than seven days of work, contact a Philadelphia workers’ compensation lawyer at Larry Pitt & Associates, P.C. You may be entitled to back pay as well as other workers’ compensation benefits. Our experienced attorneys represent clients in Philadelphia and throughout Pennsylvania. For a free consultation, please complete our online contact form or call us at 888-PITT-LAW today.

Located in Philadelphia, we represent injured workers in Berks CountyBucks CountyChester CountyDelaware CountyMontgomery CountyPhiladelphia County, and throughout Pennsylvania, including those in the communities of AbingtonAmblerArdmoreBala CynwydBensalemClifton HeightsCrum LynneDarbyDowningtownDoylestownDrexel HillEssingtonFolcroftGlenoldenHaverfordHavertownHolmesKutztownLansdowneMediaMerion StationMortonNarberthNorristownNorwoodPhiladelphiaProspect ParkQuakertownReadingRoxboroughSharon HillUpper DarbyWest Chester, and Wynnewood.

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