Scranton Wilkes Barre Hazleton Honesdale Work Injury Lawyers- Workers Comp- Partial Benefit Question

Date: June 21, 2012

Question: I injured my arm at work and I am receiving workers comp weekly checks. They are also paying my medical bills. I’ve returned to work at light duty. As a result of the light duty restrictions, I’m working less hours and receiving less pay. Does the insurance company still have to pay my weekly comp checks? V.M., Duryea, PA
Answer: Yes. It sounds like you still would be entitled to payment of partial disability benefits. When you were injured, the employer likely issued a Statement of Wages which calculated your pre-injury weekly earnings and determined an Average Weekly Wage (AWW). While you have returned to work, you remain under restrictions as a result of your work injury and your current wages are less than the amount you were earning before you were injured. You are now entitled to partial disability payments. Partial disability payments are calculated by subtracting your return to work earnings from your AWW, then mutiplying the remainder by 2/3.
If you’ve suffered a work injury and have questions about your claim, contact me at or call (570) 347-1011 for a free consultation.

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.