Dedicated To Helping Workers In Erie And Mercer Counties Replace Lost Wages
When you suffer from a disability that limits your capacity to work or prevents you from working, you stand to lose significant income.
At Douglas, Joseph & Olson Attorneys At Law, we devote our practice to helping injured workers in Mercer, Erie and Crawford counties in a variety of industries who are hurt at work. Our workers’ compensation attorneys understand how significant your workplace injury is and how daunting it must feel. We will do everything in our power to recover benefits for you to replace the wages you stand to lose.
How Are Lost Weekly Wages Calculated In Pennsylvania?
Lost wages, sometimes also called loss of earning potential or loss of income, refers to the income you have lost and stand to lose due to a disability, injury or illness. Pennsylvania calculates workers’ comp benefits for lost wages based on your earnings from the 12 months prior to your application.
The state reviews your previous 12 months of gross earnings and divides this income into four quarters. Your lowest earning quarter is removed and the other three quarters are averaged together. The maximum weekly benefits you can receive are $1,325 in 2024, although this figure is updated annually.
Most people receive two-thirds of their lost weekly wages for up to 604 weeks for full disability or 500 weeks for partial disability.
Types Of Workers’ Compensation Wage-Loss Benefits In Pennsylvania
Pennsylvania workers’ compensation law creates benefits both total and partial work-related disability. For workers’ comp purposes, a total disability means you are unable to work at all. A partial disability allows you to return to work, but at a lower-paying job or with restrictions on what you can do compared to before your injury.
If approved for total disability benefits, you may be able to receive them indefinitely if you are permanently disabled. But after 104 weeks (two years), your employer or their insurance provider can require you to undergo a medical exam called an impairment rating evaluation, or IRE. If the doctor who performs your IRE finds that you are still at least 35% disabled, your total disability benefits will continue. If not, your benefits could shift to temporary benefits, which injured workers in Pennsylvania can claim for up to 500 weeks. However, you have the right to challenge the IRE’s outcome and even the request that you undergo one.
Determining which type of benefits you qualify for is a vital part of the process. So is protecting your benefits as a vital partial replacement of your old weekly wage. We can help you at every stage.
Skillfully Handling Complex Third-Party Claims For Injured Workers
If workers’ compensation does not cover all your damages, you may have options. While you cannot sue your employer if you receive workers’ compensation, you may have the option of filing a claim against a third party who is responsible for your injuries.
However, if you file your workers’ compensation claim and win or receive a settlement, you must reimburse any workers’ compensation benefits you received. Because these types of lawsuits are immensely complicated, you should have a team that has a record of handling them successfully. Our workers’ compensation lawyers can explain your options and weigh the positives and negatives of suing a third party.
Reach Out To Us For Dedicated Help With Workers’ Compensation
You are probably wondering how you will ever manage to provide for your family. Let us provide the answers for you. To request a free, confidential initial consultation with us, please call our offices in Hermitage and Jamestown at 724-704-0554 or send us an email.