Injured At Work? How Much Do Workers’ Compensation Benefits Pay?

workers comp attorney
Date: February 24, 2023

Question: George injured his shoulder at work last week. He was contacted by the workers compensation insurance adjuster and was told that he would start receiving his workers compensation checks within the next 7 to 10 days. George was wondering how much he will be paid in workers comp benefits.

HOW DO WORKERS’ COMP SETTLEMENTS WORK?

Answer: The amount of benefits an injured worker will receive depends on how much the worker was earning when the worker was injured. The weekly workers compensation wage loss benefits are a function of the workers pre-injury earnings. Pre-injury earnings are what’s known as the average weekly wage (AWW). The AWW is computed as of date of the work injury.  Various methods are utilized per Section 309 of the PA. Workers Compensation Act to calculate the AWW. Calculations are based upon gross earnings, as opposed to net earnings. The calculation method will consider whether the worker was paid by the week, the month or the year. If the wages varied from week to week, the AWW is calculated by determining the earnings from the four 13-week calendar quarters that pre-date the date of injury, dividing quarterly wages by 13 (number of weeks per quarter) and then using the average of the three highest quarters. The weekly compensation rate is generally 2/3 of the AWW. In some cases, the comp rate is 90% of the AWW.

Contact a Scranton Workers’ Comp Lawyer

If you’ve suffered a work injury and have questions about your claim, contact me at tcummings@dlplaw.com or call (570) 347-1011 for a free consultation.

Disclaimer: The above article is for instructive purposes only and each case is fact sensitive. Consultation with an attorney should be obtained instead of reliance upon the legal issues discussed in this column.

Tom Cummings
Thomas P. Cummings has been a Partner with Dougherty Leventhal & Price, LLP since 1996 and has been with the firm since 1991. He focuses his practice on workers’ compensation, Social Security Disability and personal injury cases.