Quick Hits: What is the obligation of my employer once notice is given of an injury for a Montgomery Count, PA resident?

Your employer is required to notify the Bureau ofWorkers’ Compensation by filing a “first report of

injury”.  

Besides wage loss benefits and medical care, what are the other types of PA Workers’ Compensation benefits?

In the event of a worker’s death, Workers’ Compensation provides a death benefit  payable to surviving

dependents.   There is also a specific loss benefit payable for permanent loss of use of certain body parts ( eg., hand, arm leg, foot) or permanent disfigurement to the head, face or neck. 

You can find out more about benefits and compensation at my Montgomery County Worker's Compensation Lawyer website.  

Quick Hits: What is “Total Disability” in a Workers’ Compensation case?

Total disability means a worker injury is serious enough to prevent him from returning to work.  After 104 weeks, a medical exam is required to determine if the injured is at least 50% disabled.  If less than 50%, the worker’s status can be reduced to partial disability.

Vacation, bonus pay, and grievance award

Be aware, the vacation and bonus pay a Montgomery County worker earns are entitlements just like wages.  As you will note, they are earned in the "exchange for services" performed for the employer.

These "extras" are considered wages and are considered part of the calculation for the AWW (average weekly wage).  The important case in this area is Lane Enterprises, Inc. v. WCAB (Patton) from 1994.  Even if you only get an annual bonus, this is pro-rated for your AWW.

If there is a collective bargaining agreement, please look at the agreement and match it to the ruling in ESAB Welding and Cutting Products v. WCAB (Wallen) from 2009.

Quick Hits: Can an employer dismiss/fire an employee from Montgomery County for filing for PA Workers’ Compensation benefits?

No, an employer may not fire or dismiss an employee for filing.

If you have additional questions, please do not hesitate to contact a Montgomery County, PA worker's compensation lawyer.  

How are payments for lost wages calculated for my Montgomery County Worker's Comp case?

Workers’ Compensation loss wages benefits are generally two thirds of the average weekly wage but there is a maximum. Also, the benefit can be offset by 50% of Social Security benefits, severance pay, unemployment compensation or other earnings.  

Lastly, if the injured received wages from a different employer or has a self employment position, these wages must be reported as they will affect the amount of workers compensation paid.  If a worker returns to employment at reduced wages because of the injury (eg., light duty which pays less than heavy duty or working part time), the law provides that the worker receive two thirds of the lost wages. 

How do offsets work in workers' compensation in Montgomery County, PA?

Offsets for your Montgomery County workers' compensation case do occur.  A list of offsets include,

• unemployment compensation
• social security retirement benefits (remember -- if you are applying for Social Security, make sure you contact a Montgomery County Social Security Disability Lawyer)
• severance benefits paid by the employer directly liable for the payment

These offsets apply to the payment of total or partial disability, but do not apply to specific loss or death benefits (which makes sense).  

Sometimes, when a person applies and receives Social Security, they are not sure that they should report the disability benefits.  So, whose obligation is it?  The employer or the Montgomery County worker?  

The answer is that an employer is obligated to notify the worker that it is the worker's obligation to report the disability benefits to the employer.  If the employee does not receive notice, they are not obligated to report (but still should to be safe).  

Quick Hits: Is an employee able to obtain PA Workers’ Compensation benefits if the injury was caused by the worker’s own fault?

PA Workers’ Compensation benefits are payable if the injury was accidental.  No payments are due

for self inflicted or intentional injuries.  

How long can an injured employee receive PA Workers’ Compensation?

When I get a case in Montgomery County, Pennsylvania, regarding a person's workers compensation, they are always concerned about how much they will get for their compensation and for how long.  It makes a lot of sense as a person has to keep their budget in mind as the process continues.  

Workers’ Compensation provides payment for both total and partial disability.  Total disability

occurs when you are not doing any work because of disability.  There is no time limit to receive total disability benefits but, after 104 weeks, the employer’s insurance carrier can request that the worker

undergo what is known as an Impairment Rating Evaluation.  

If, as a result of this evaluation it is determined you are less than 50% impaired, then your status may change to partial disability.  If this happens, you will receive the same amount of compensation but the time you will be paid  lessens.  You may be limited to 500 weeks of compensation. 

Does Workers’ Compensation cover pain and suffering caused by a work related injury?

There is no payment for pain and suffering. Only your lost wages and medical bills are covered. 

What is "AWW" for Pennsylvania Workers' Compensation Cases?

AWW means "average weekly wage".  Pennsylvania publishes a list of their average weekly wage.  As your Montgomery County Worker's Compensation Lawyer should inform you, under the Workers' Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. Be aware, however, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the annual maximum in place at the time of injury.

Confusing?  Absolutely.  But, it is important to make sure you determine your AWW to the penny to make sure you don't get short-changed in your benefits.