Denver, PA asked in Workers' Compensation for Pennsylvania

Q: When on workmans comp how do they calculate the wages paid? Is it current wages or last years wages.

I was employed as a CNA last year and I am now an LPN with an increased salary. I was just injured at work but they are paying me last years wages not my new wages as an LPN

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2 Lawyer Answers
Glenn Neiman
Glenn Neiman
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Warminster, PA
  • Licensed in Pennsylvania

A: Generally speaking, if you have been employed for at least a year before the injury, your wages from the year prior to the injury are what is used. Again, generally, the wages from the year prior to the injury are divided into four quarters and the top three quarters are averaged. This gives your Average Weekly Wage (AWW). From there, the compensation rate is calculated. Since mistakes are often made by the workers' compensation insurance carrier in this area, it is always a good idea top have the calculations reviewed by an attorney Certified as a Specialist in Workers' Compensation Law, whether my firm or another of the fine attorneys on this board.

Richard Alan Jaffe
Richard Alan Jaffe
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Philadelphia, PA
  • Licensed in Pennsylvania

A: An injured worker's Average Weekly Wage is calculated pursuant to Section 309 of the Act. If you an hourly employee and have been employed with the same Employer for 52 weeks, or more, prior to your injury, your most recent 52 weeks of earnings were broken into 13 week "quarters" and the average of the highest 3 will be utilized for your Average Weekly Wage.

If employed less than a full year, the last . 13, 26, or 39 weeks are used to calculate the appropriate Average Weekly Wage. If employed less than 13 weeks, one looks at the Expectations of your wages as you have not worked long enough to properly calculate your Average Weekly Wage.

If you have recently received a promotion prior to your injury, more than likely your prior Wages will be significantly reducing your current earnings. If, however, you are salaried, as opposed to an hourly employee, one could argue that it is your salary, and not do the above-noted calculations.

It is my recommendation that you promptly contact an Attorney who is a Certified Specialist in Pennsylvania Workers Compensation Law 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.

Timothy Belt agrees with this answer

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