Ashburn, VA asked in Workers' Compensation for Pennsylvania

Q: What if my employer cant give me 40 hours of work within my restrictions? How is partial WC determined?

I was injured approx 2 months ago at work. I had to fight for WC benefits for at least a month until they finally paid. I am now able to work some hours within my current restrictions (I had to have surgery), but varies widely because they don't have enough "office work" to make a full pay. The insurance company varies widely with my reimbursements. How do they figure out partial comp pay? Do they use your gross wages or net wages? They are telling me if my gross wage is over the weekly amount they would pay me if I was unable to work any hours, they don't give me any WC payment. But, if my weekly WC is $800, and I gross $810 by working, by the time they take out taxes, my net pay would only be $575ish. So-I lose $ if I work most of a work week?

Related Topics:
1 Lawyer Answer
Timothy Belt
Timothy Belt
Answered
  • Workers' Compensation Lawyer
  • Hazleton, PA
  • Licensed in Pennsylvania

A: The relevant number is not the compensation rate that you were being paid but rather the average weekly wage for the date of your injury. The rate schedule varies from year to year, and the last several years can be reviewed at http://www.portal.state.pa.us/portal/server.pt?open=514&objID=552650&mode=2. The formula is your average weekly wage minus your actual gross earnings multiplied by 2/3. So if for example your average weekly wage is $600 and you are earning $300 per week your temporary partial compensation rate would be $200. 2/3(600-300). If you are not receiving what you believe that you are entitled, you should consider discussing the matter directly with a local workers' compensation attorney.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.