NEPA Work Injury Lawyers: Scranton Pa. Workers Compensation Question

Date: February 13, 2012
Posted In: DLP Law
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Question: I was injured at work and I’m receiving weekly compensation checks. How do I know if I’m being paid the correct amount?
T.F., Scranton, Pa.
Answer: If you are injured on the job in Pennsylvania and are entitled to receive workers compensation benefits, your benefit rate will be calculated based upon your earnings with that employer before your injury. The first figure that must be determined is your average weekly wage (AWW). Various methods are utilized per section 309 of the Workers Compensation Act to calculate the AWW. These calculations will consider your gross earnings. The calculation methods also consider if you were paid by the week, the month or the year. If your wages varied week to week, the gross earnings from the four 13 week calendar quarters that pre-date the date of injury are utilized. The wages per each quarter are added up and that figure is divided by 13 – the number of weeks in the quarter. The average of the three highest quarters of the four quarters is the AWW. The weekly compensation rate is usually 2/3 of the AWW.

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.