PA Work Comp and Other Sources of Income
Along with collecting work comp payments, injured Pennsylvania workers might be able to collect money from other sources depending on their situation. Each person's situation is unique. We suggest that you talk with an attorney to help you decide what options are in your best interest.
Other sources of income may include:
- Assistance Programs
- Family & Medical Leave Act (FMLA)
- Private Disability Insurance
- Unemployment Compensation
- Pension Plans
- Social Security Retirement
- Social Security Disability
- Supplemental Social Security Income
Family & Medical Leave Act of 1993 (FMLA)
FMLA provides up to 12 weeks of unpaid, job-protected leave per year. Only a work-related illness or injury would qualify a worker for FMLA and Pennsylvania work comp payments. If an injured worker is on FMLA for a work-related injury or illness, the worker should also apply for workers comp. Learn more about FMLA and Pennsylvania workers compensation payments.
Public Assistance Programs
Assistance programs usually provide both medical and cash assistance to those who are in need. Examples of assistance programs include welfare and health insurance for children without coverage.
Once you receive work comp payments, the assistance program payments will cease. If you received Pennsylvania work comp payments while you were receiving public assistance, you will have to pay back what you received from the assistance program. Contact your local assistance department for more information.
Private Disability Insurance
Private disability insurance includes sickness and accident payments, long-term disability, and short-term disability. This insurance is usually part of a benefits package at work.
If you are currently receiving sickness and accident payments, you are still eligible for Pennsylvania work comp payments.
Keep in mind:
- If your employer pays the premium on your private disability insurance, the amount of your work comp payment will be reduced by the amount of your private disability payment.
- If you pay the premium for your private disability insurance, your work comp payment will not be reduced.
Unemployment Compensation
A person who applies for unemployment compensation must:
- be unemployed through no fault of their own (ex. Didn't quit their job)
- be able to work
- be available to work
- register at a Job Service Office
- have worked a minimum number of weeks during the year
- have earned a minimum amount in wages during the year
Whether or not a person continues to receive unemployment compensation is determined each week. If you are already receiving PA workers comp payments, there is really never any reason to receive unemployment compensation. Your work comp payment will be reduced based on your gross unemployment compensation payment.
Example: If you are receiving $400 per week in workers compensation payments and you apply for $400 per week in unemployment, your workers compensation will drop to $0. In addition, the $400 in unemployment compensation will be taxable while the workers compensation payment was not taxable.
Unemployment compensation may be an option if the amount of your unemployment benefits after taxes exceeds the amount of your work comp payment. This could possibly happen if you were injured after a short time on a low-paying job but had previously worked for a longer period at a higher paying job.
Also, if your Pennsylvania work comp payments are being disputed (such that you are not currently receiving work comp payments), it makes sense to collect unemployment for something to live on during the dispute. Once you begin to receive work comp, any past due work comp payments will be reduced by the amount of unemployment payments you received during that time period.
Pension Plans
If a company offers its employees a pension plan, payments will begin after an employee retires from a job.
Receiving a pension does not take away your right to receive workers comp payments in Pennsylvania. In some situations, if you are collecting both work comp and a pension, your workers comp payment may be reduced. You must be given at least 20 days notice before your payment is reduced. Payments can not be reduced if an injury happened before June 24, 1996.
If you willingly left your job to retire, your work comp payments may stop. Being forced to retire is not considered willingly leaving your job.
If you were injured on the job and are also receiving your pension, you should contact a work comp lawyer to help you understand how a pension plan may affect your work comp payment.
Social Security Retirement
If you were born before 1938, full Social Security retirement benefits are available at age 65. Reduced benefits are available as early as age 62. The age when full benefits are available is gradually rising.
Injured workers can collect Social Security retirement and Pennsylvania work comp payments at the same time. However, your workers comp payment can be reduced a certain percentage based on the amount of your social security payments.
You should contact a work comp lawyer to help you decide if it is in your best interest to apply for social security retirement now or if you should wait until your work comp case is resolved.
Social Security Disability (SSD)
If you are disabled and unable to work, you may be eligible to collect Social Security Disability. Your SSD payment will be based on your work history and earnings.
If you were injured on the job, you may collect both Social Security Disability and Pennsylvania work comp payments. The Social Security Administration will reduce your social security disability payment based on your workers comp payment.
Talking with a work comp lawyer can help you determine whether it is in your best interest to apply for Social Security Disability benefits now or if you should wait until your workers comp case is resolved.
Supplemental Social Security Income (SSI)
Supplemental Social Security Income is a federal program that provides additional monthly income for people who are 65 or older, are blind or disabled, and have limited income and financial resources. There are other requirements that must be met in order to collect SSI payments.
If you are currently collecting SSI payments, you may still able to collect Pennsylvania work comp payments. Your SSI payment will be reduced by the amount of your workers comp payment.
A work comp lawyer can help you determine whether it is in your best interest to apply for Supplemental Social Security now or if you should wait until your work comp case is resolved.
Hurt on the job? Put our experience to work for you
If you don't have an attorney to help you with your injury claim, the deck is stacked against you. It is important to know your legal rights if you are injured at work. The law firm of Edgar Snyder & Associates has been helping injured Pennsylvania workers for nearly 20 years. Let us put this experience to work for you.
Free Legal Evaluation
If you suffered an injury at work, and don't already have an attorney, you can contact our law firm for a free evaluation of your claim by:
- Filling out a simple online form so we can evaluate your claim.
- Calling toll-free 1-866-802-2643. Our phones answer 24 hours a day/7 days a week.
It won't cost you a dime to have our staff review your claim. We'll listen to what you have to say and let you know your options based on what you have shared. It's free and there's no further obligation. And, as always, there is never a fee unless we get money for you.
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