KIngston Scranton Work Injury Lawyers- Workers Compensation Benefits

Date: June 27, 2012
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Question: I hurt my knee at work last week. I was told that I would start receiving a workers compensation check next week. How much will I be paid? L.D., Kingston, Pa.
The amount of benefits you will receive depends on how much you were earning when you were hurt. Your pre-injury earnings are what’s known as your 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 you were paid by the week, month or year. If your wages varied from week to week, your AWW is calculated by determining your 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. Your weekly compensation rate is generally 2/3 of your AWW. In some cases, the comp rate is 90% of the AWW.

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.