Q: Is it possible to keep a percentage of workers' compensation benefits being paid out, even after you return to work?
A: Yes, if you are back to work and earning less now than you were earning at the time of your injury (through fewer hours per week, or a lower hourly rate, or perhaps from lost OT), you should be entitled to partial workers' comp, to help make up that difference. The best thing you can do is consult with an attorney certified in workers' compensation law (whether my firm or another of the fine attorneys on this board). That way you can learn about al of your rights and responsibilities. Good luck!
A: Pennsylvania is currently a "wage loss" state, and therefore, if you Claim was accepted by a Notice of Compensation Payable and you have returned to work earning wages less than your pre-injury Average Weekly Wage then you would be entitled to Partial Disability Benefits which are calculated as two thirds of the difference between your pre-injury average weekly wage, and your current earnings; i.e. if your pre-injury average weekly wage was $750 per week and he returned to work earning $600 you would be entitled to $100 per week in Partial Disability Benefits.
If you have return to work and your Workers Compensation Carrier has filed a Notification of Suspension or Modification it is important to check whether, or not, the information contained therein is accurate, and if not, a "Employee Challenge" can be filed within 21 days.
It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law for an initial consultation to discuss your rights and remedies. The initial consultation would be Free of charge and most Attorneys will accept your case on a Contingent Fee Basis.
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