In Pennsylvania workers’ compensation, you may be eligible for temporary total disability benefits, otherwise referred to as wage loss benefits. A frequent question I am asked is does the benefits amount ever change?
Wage loss benefits are based upon your average weekly wage. It is calculation based on your earnings prior to the date of injury. Based on your average weekly wage, your compensation rate, otherwise known as the weekly wage loss amount you would receive, is either 90% of your average weekly wage, a set amount, or 2/3 of your average weekly wage. That is based on the average weekly wage chart published by the Pennsylvania Department of Labor & Industry annually.
Outside a calculation error, your weekly wage loss amount will not change. Let’s assume you had a work injury of 1/1/2022. Your average weekly wage at the time was $800.00 per week. Your corresponding compensation rate would be set at $602.50 based on the $800.00 average weekly wage. Let’s assume you have to have an additional surgery planned for the 2022 work injury now in 2025. Let’s assume you are employed with a new employer with an average weekly wage of $1200.00 per week. Does that weekly wage loss check amount change from the 2022 work injury to adjust to your new wages? The answer is no. Your weekly wage loss amount will not change. That can be a significant financial burden. However, the Pennsylvania Workers’ Compensation Act does not permit your current wages to have any impact on your compensation rate from your 2022 work injury. Your benefit rate would remain $602.50.
Likewise, the Pennsylvania Workers’ Compensation Act also does not provide for any cost of living increase. Essentially, your compensation rate at the time of the work injury will remain in effect for the entire pendency of the work injury.
If you have questions regarding your workers’ compensation case, Mooney Law stands ready to help. Give us a call for a free consultation at 717-200-HELP or complete the schedule a consultation form on our website. We are ready to help you navigate the complexities of workers’ compensation.
