Suffering an injury on the job can be a traumatic and stressful experience. In the blink of an eye, your world is turned upside down, especially if you suffer a debilitating injury that leaves you permanently or partially disabled. Pennsylvania workers’ compensation insurance can provide a level of security to injured employees seeking financial stability during a difficult period. 

While workers’ comp provides critical benefits to help you recover, the amount that is paid varies depending on many factors. Pennsylvania worker’s compensation rates change each year, and it’s helpful to know how much you should expect for your claim. The experienced workers’ compensation attorneys at Krasno, Krasno & Onwudinjo can help you understand the rates and how they apply to your situation.

Why Workers’ Compensation Is Important to Pennsylvania Employees

After an injury in the workplace, you may confront thousands of dollars of medical expenses, long-term physical therapy, and surgical procedures. You could also be at risk of losing your job or being physically unable to return to your prior position. This could leave you without the ability to pay your bills and support your family at home.

If you find yourself in this situation, one of the first steps you should take is to notify your employer of the incident that caused your illness or injury. Shortly after that, you should consult with an experienced workers’ compensation attorney in Pennsylvania to begin the process of filing a workers’ compensation claim.

Workers’ comp insurance will pay part of your lost wages while you recover. It will also pay for all your medical expenses related to your injury or illness and can provide survivor benefits to your family in the event of your death.

Overview of Pennsylvania Workers’ Compensation Rates

Pennsylvania workers’ compensation rates change every year. The amount you may be eligible to receive depends, in many instances, on the type and severity of the workplace injury you suffered. Generally, Pennsylvania workers’ compensation rates provide two-thirds of your average weekly wage up to a statutorily-defined maximum amount.

You can expect to receive your workers’ comp checks at roughly the same intervals as when you receive your paycheck directly from your employer. PA workers comp rates are subject to modification every year to reflect a national average income. 

For example, in 2023, the maximum weekly compensation rate for employees was $1,273. This amount of 66 ⅔ of wages applies to workers who earn between $1,909.50 and $954.76 each week.  Those who earn between $954.75 and $707.22 will also be paid 66 ⅔ of their weekly rate. When employees earn $707.21 or less, they receive receive a rate of 90% of their wages each week.

How Pennsylvania Workers’ Comp Rates Affect Your Eligible Benefits

Your weekly worker’s compensation benefits help ensure that you receive compensation for at least a portion of the wages you lost from being out of work. However, your rate may be affected based on what type of benefits you are seeking. 

Many people are surprised to discover that there is an array of benefits you can pursue through the Pennsylvania workers comp system. For example, there are temporary total disability benefits, permanent partial disability benefits, and specific loss benefits. Each one depends on the length of time you are out of work, how much your injuries affect your life, and whether you can fully recover.

Total Temporary Disability Benefits

Total temporary disability benefits are available to employees who miss at least one week (i.e., seven days) of work because of their workplace injury. If you qualify, you can receive total temporary disability benefits for close to two years (specifically, 104 weeks). 

Once you reach this limit, a physician will need to evaluate you to assess your disability. If the physician determines you remain predominantly disabled, then you can continue to receive these benefits.

Permanent Partial Disability Benefits

In addition to total temporary disability benefits, you may be able to pursue permanent partial disability benefits. These benefits are typically available to a worker who suffered an injury but remains physically able to work. This may not be the same work performed before the workplace injury. 

For example, you may qualify for a different position or a light-duty job of the same work you performed before your accident or illness. An employee may receive partial disability benefits for up to 500 weeks, depending on an assessment of their disability.

Specific Loss Benefits

Along with total temporary disability benefits and permanent partial disability benefits, you may be eligible for benefits related to a particular loss, such as scarring or disfigurement.

For example, if you suffered an injury that led to the amputation of your arm or leg or if you suffer severe hearing or vision loss, then Pennsylvania workers’ compensation rates consider these specific losses and provide specific benefits.

Does the Workers’ Compensation Pay Scale Include Reimbursement for Medical Bills and Other Expenses?

Your employer pays the medical expenses related to your workplace injury. Other covered expenses include necessary renovations to your home or automobile stemming from your workplace injury.  

You can also seek reimbursement of your travel expenses if you need to travel beyond your local area to receive treatment. Insurance carriers will need to offer transportation in the event that you cannot get to your medical examination.

How Do Workers’ Compensation Rates in Pennsylvania Address the Death of an Employee?

If you lost a loved one in a tragic workplace accident, it is possible for your family to pursue survivor benefits through your workers’ comp insurance to pay for the medical expenses you incurred before you passed away. 

In addition, the family of a deceased worker can file a claim through the Pennsylvania workers’ compensation system and receive up to $3,000 to help cover funeral expenses.

Do Workers’ Compensation Payment Rates Include Financial Restitution for Pain and Suffering?

Unfortunately, they do not cover financial restitution for pain and suffering. Under the PA workers comp system, pain and suffering are not part of the calculation for workers’ compensation benefit rates.

If your pain and suffering were extensive and your accident was caused by a third party, you may be eligible to pursue a third-party lawsuit against the individual or entity responsible for your harm. For example, if a vendor, visitor, contractor, or other group is at fault for your injury or illness, you can work with a personal injury attorney to file a lawsuit and seek damages, including your bills, as well as your pain and suffering.

Does Unused Vacation Pay or Sick Leave Pay Affect Workers’ Comp Rates?

Unused vacation or sick leave does not affect worker’s comp rates in Pennsylvania. If you have earned vacation or sick time during your employment tenure, you can take your vacation or sick time without having to worry about missing workers’ comp benefits. 

Court rulings have determined vacation time and sick time are benefits owed to an employee based upon their time in service to the employer. 

Additionally, if you use your vacation or sick leave because your workers’ comp claim is denied, but a workers’ comp judge in Pennsylvania grants your claim later on, you can claim benefits for the period where you used your vacation or sick leave.

Returning to Work With a Different Employer Might Affect Your Workers’ Comp Benefits

In some circumstances, an employee who receives worker’s comp benefits from an employer will eventually return to work but with a different employer. If you find yourself in this situation and you now earn less money in your new position, you may be able to pursue partial disability benefits at the rate of two-thirds the difference between your pre-injury average weekly wage and the amount you are earning at your new job.

For example, suppose you were making an average weekly wage of $400 per week at your former job. You now make an average weekly wage of $200 per week at your new job. In this scenario, you may be able to claim a partial disability payment of $133.20 per week (here’s the math on that: $400 – $200 = $200 x ⅔ = $133.20).

You are only able to pursue this partial disability if your reduced weekly earnings relate to the work injury that is preventing you from earning your average weekly wage before the injury.

Do Unemployment Benefits Impact Pennsylvania Workers’ Comp Rates?

Yes. Under PA law, you receive both workers’ comp benefits and unemployment benefits at the same time. 

However, the amount you receive through Pennsylvania’s unemployment compensation system counts against your workers’ comp benefits. This means there is a reduction of your benefits based on the number of unemployment benefits awarded.

How to File a Claim for Workers’ Compensation Benefits in Pennsylvania

According to the Department of Labor and Industry in Pennsylvania, a workers’ comp claim must be submitted in writing and either mailed or faxed to the Bureau of Workers’ Compensation. Processing a workers’ comp claim typically takes 7-10 days. 

A judge with the Bureau of Workers’ Compensation makes decisions regarding workers’ comp claims. In some cases, the judge may decide a case is not valid, which may result in you receiving a denial notice for your worker’s comp claim. 

If you disagree with the judge’s determination, you may file an appeal with the Workers’ Compensation Appeals Board. If you cannot achieve a resolution with the Appeals Board, you can escalate the matter with a filing in the Commonwealth Court. All these actions, from filing claims to seeking appeals, are best accomplished with the aid of a highly experienced Pennsylvania workers’ compensation attorney. 

The Statute of Limitations for Workers’ Comp Claims

Under the Pennsylvania Workers’ Compensation Act, you only have a finite period to file a workers comp claim. You must submit a claim within three years of the date of your workplace injury. 

This is the “statute of limitations,” and the Pennsylvania General Assembly codified it. If you do not file your petition within three years, your claim will be in jeopardy. There is a good chance you will be ineligible and prohibited from collecting any worker’s comp benefits for your injuries. 

You can avoid this mistake and others that could jeopardize your claim by working with a skilled attorney who understands the complexities of the Pennsylvania workers’ compensation system. With a knowledgeable legal advocate on your side, you have the best chance of securing a satisfactory outcome for your claim. 

Contact a Qualified Pennsylvania Workers’ Comp Lawyer Today

Although it may seem easy to file a claim and receive benefits through workers’ comp, the system is not set up to be on your side. Insurance companies are looking out for their best interests, not yours. You need a skilled lawyer to work with you and ensure your rights and needs are protected every step of the way.

Take action today by contacting a knowledgeable Pennsylvania workers’ comp benefits attorney at Krasno Krasno & Onwudinjo. We are dedicated to helping you understand the Pennsylvania workers’ compensation rates that can affect your eligibility for benefits.