Frequently Asked Questions About Pennsylvania Workers Comp Laws
- What types of Pennsylvania workers comp payments can you receive for a work injury?
- When will you receive your first workers comp check?
- How much will you paid get for lost wages?
- Could you ever lose your workers comp payments?
- How do you know if a request to end your workers comp payments has been filed?
- Your employer sends you a petition saying your work comp payments should stop on the day you were examined by your employer's doctor. Will your Pennsylvania workers comp payments stop?
- How will taking a light duty job affect your workers comp payments?
- How do you pay your bills while you are waiting for your workers comp payments to start?
What types of payments can you receive from workers comp?
In Pennsylvania, you may be able to receive work comp payments if a doctor places you on medical leave from work for more than 7 days because of a work injury. In order to be paid for your first 7 days of missed work, you need to be off of work and under a doctor's care for at least 14 consecutive work days.
If your workers compensation claim is approved, you may be able to receive the following payments:
- Medical Benefits
- Total Disability Benefits
- Partial Disability Benefits
- Specific Loss Benefits
- Scarring
- Death Benefits
Read more about the types of Pennsylvania workers comp payments available to injured workers.
When will you receive your first work comp check?
Workers compensation payments usually start with the 8th day of your disability. You will not be paid for the first 7 days unless your disability lasts longer than 14 days. You should receive your first check no later than 21 days after you told your employer about your injury.
How much will you paid get for lost wages?
Payments for lost wages are equal to approximately 2/3 of your average weekly wage up to a pre-set maximum. In 2004, the weekly maximum was $690.
Remember wage loss benefits can be reduced if you are also receiving other payments such as social security, pensions, severance pay, unemployment compensation, etc. Read more about how other payments and workers compensation payments have effects on each other .
Could you ever lose your workers compensation payments?
Yes, you can lose your workers compensation payments if you:
- refuse to submit to reasonable medical services
- refuse to comply with an order to have a medical exam
- are convicted of a crime and are put in jail
- fail to complete and return an employee verification form to the workers compensation insurance company within 30 days.
Your lost wage payments can also be stopped:
- by a judge appointed to review the facts of your workers compensation claim
- if you have fully recovered from your injury and have signed a "Final Receipt". Signing this receipt means you agreed to stop your benefits
- by your release to a modified, or "light duty", position. You may still be able to collect Partial Disability payments if the job pays less than what you made before your injury.
- if you agree to receive a lump sum of money, also known as a "Compromise and Release"
- when you return to work and are making the same, or more than, you made before your injury
- the 500-week period of Partial Disability is over
- the time you had to collect Specific Loss payments ends. This time period is set based on the nature of the injury.
- by your death from causes not related to your work injury
How do you know if a request to end your work comp payments has been filed?
You should receive a notice telling you that they plan to stop your work comp payments. Your employer must file a Petition to Terminate, Modify, or Suspend Benefits. Read more about Petitions to Terminate, Suspend or Modify Benefits.
If you receive one of these petitions, and don't already have a lawyer, you should contact one of our Pennsylvania workers compensation lawyers.
Your employer sends you a petition saying your work comp payments should stop on the day you were examined by your employer's doctor. Will your payments stop?
The petition you received is called a "Petition to Terminate Compensation Benefits". Your employer filed the petition because they believe that you have recovered from your injury and can now return to work.
A workers compensation judge will decide if your payments will stop. Read more about Petitions to Terminate, Suspend or Modify Benefits.
If you receive one of these petitions, and don't already have a lawyer, you should contact one of our Pennsylvania workers compensation lawyers.
How will taking a light duty job affect your workers compensation payments?
If you return to work and you make:
- the same amount of money as what you made before you were hurt, your payment for lost wages will be suspended.
- more money than what you made before you were hurt, your payment for lost wages will be suspended.
- less money than you made before you were hurt, you will receive lost wage payments in the form of partial disability benefits.
Partial disability payments equal approximately 2/3 of the difference between what you make now and what you made before you were hurt.
Example: You make $300 per week at your light-duty job. Before you were injured, you made $450 per week. The difference between the two pay rates is $150 per week. Your partial disability payment would be 2/3 of $150 or approximately $100.
Your payment can not go over the maximum weekly payment rate that was set for the year you were injured. If you were injured in 2004, your weekly maximum would be $690.
How do you pay your bills while you are waiting for your work comp payments to start?
While you wait for a decision on your work comp claim, you could:
- check to see if your employer has a disability policy or sick and accident policy as part of your benefits package at work
- use any vacation or sick time you have available
- seek public assistance
If you do receive workers compensation payments, your payments may be reduced based on the amount of money you are receiving from a sickness and accident policy, public assistance, unemployment compensation, Social Security, pension, etc.
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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