Philadelphia, PA asked in Workers' Compensation for Pennsylvania

Q: Reciving part work comp.then Hospitalized 4 covid,now on short term disability.Does workers comp owe me up to weekly avg

On partial workers comp. I am working 40 to 45hrs

My normal is 55+ therefore I receive a partial workers comp check every week. 2/3 of amount below my average weekly rate.

I contracted covid and was hospitalized for 2 weeks and am now on short term disability (paid for by my employer) until I am medically cleared to return to work.

My short term is 50% of base rate. Is my workers comp obligated to pay the rest up to my average weekly rate ?

Or should I not receive it because I am unable to work for a different reason?

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

A: Since you are out for a reason other than the work injury, you would not be entitled to payment of the full rate. However, assuming your restrictions and the availability of work has not changed, you should be entitled to continuation of the partial wage loss benefit that you were receiving.

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.