Q: What is the weekly Pennsylvania workers’ compensation benefit rate for partial disability?
If you suffered a work-related illness or injury and are partially disabled as a result, you may be eligible for workers’ compensation partial disability payments. The following are the specifics of the partial disability weekly wage loss benefit calculation:
- Weekly wage loss benefits are only payable if your earnings power has been reduced due to your disability.
- There is no minimum wage loss benefit rate for a partial disability.
- Weekly wage loss benefits are calculated as two-thirds of the difference between your pre-injury average weekly wage and your current average weekly wage.
- Workers who return to a new job that offers fewer hours than the pre-injury position may still be eligible for partial workers’ compensation benefits to compensate them for the income loss—even if the rate of pay is the same.
- Wage loss benefits for a partial disability cannot exceed the maximum wage loss benefit for a total disability.
Workers’ compensation law protects insurance carriers, often at the expense of injured workers. For those partially disabled, but still able to work, partial disability payments may continue for a maximum of 500 weeks. After that time, wage loss benefits stop.
For some illnesses and injuries, 500 weeks is plenty of time to recover and get back to doing your old job. In other cases, Pennsylvania workers are unfairly reclassified as partially disabled due to an impairment rating examination or a labor market survey.
If you have been treated unfairly by a workers’ compensation insurance carrier and need help, contact an experienced and skilled workers’ compensation lawyer at Schmidt Kramer. The toll free number is (717) 888-8888 and the consultation is free.
You may also wish to download our book Who Pays the Bills When You Are Injured at Work? for more information.