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Moosic Work Injury Lawyer- Amount of Benefits in Workers Compensation Case
Date: April 4, 2012
Question: I hurt my shoulder at work last week. I was told that I would start receiving a check next week. What will I be paid? E.D., Pittston, 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.
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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.