What Pennsylvania Workers Comp Actually Pays
Three separate benefits, and people routinely claim only one of them.
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Pennsylvania workers compensation pays three things: wage loss at roughly two thirds of your average weekly wage subject to a statewide cap, reasonable and necessary medical treatment, and specific loss for the loss or permanent loss of use of a body part. The third is separate from the other two and is regularly missed.
The three benefits
| Benefit | What it pays | Notes |
|---|---|---|
| Wage loss | Roughly two thirds of your average weekly wage, subject to a statewide maximum that changes annually | Not taxed. Total or partial depending on status |
| Medical | Reasonable and necessary treatment related to the work injury, at a set fee schedule | No deductible or copay to you |
| Specific loss | A set award for loss, or permanent loss of use, of a body part, including hearing and vision, plus disfigurement of the head, face or neck | Payable whether or not you returned to work |
Specific loss is the one people miss
It is not compensation for being off work. It is a separate entitlement for permanent loss, and it is paid even if you went back to full duty the following month and lost no wages at all.
Loss of use does not require amputation. A hand that no longer functions for practical purposes can qualify. Scarring to the head, face or neck can carry a disfigurement award. Hearing loss from workplace noise has its own schedule.
Nobody at the insurance company is going to raise this with you.
What is not paid
- Pain and suffering. There is no such award in Pennsylvania workers compensation, at any level of injury. This is the single largest reason to establish whether a third party claim exists.
- The other third of your wages. Though the benefit is untaxed, which narrows the practical gap.
- Punitive damages.
- A spouse’s loss of consortium.
Getting the wage calculation right
Your average weekly wage drives everything. It is calculated from your earnings before the injury, and it can properly include overtime, bonuses and, in some circumstances, concurrent employment with a second employer.
Insurers routinely calculate it low, usually by leaving out overtime or the second job. Because every future payment derives from the figure, a small error compounds substantially over a long claim. Check it early, and ask us to check it if you are not sure.
Death benefits
Where a work injury causes death, dependants may receive benefits based on a percentage of the worker’s wage, along with a contribution toward burial expenses. Where a third party contributed to the death, a separate wrongful death claim runs alongside and is not subject to the same limits.
The attorneys who handle these cases
Every one of these bar numbers is searchable on the Pennsylvania Disciplinary Board register. The person who takes your call is the person at your hearing.
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Kenneth R. Schuster
Founding Member
Read Kenneth’s background -
Justin M. Bernstein
Associate
Read Justin’s background -
Christopher D. Gasda
Associate
Read Christopher’s background -
Anthony S. Pinnie
Of Counsel
Read Anthony’s background -
Joseph J. Jachetti
Associate
Read Joseph’s background -
Andrew Valentin
Associate
Read Andrew’s background
Questions people ask us about this
How much does workers comp pay in Pennsylvania?
Wage loss is roughly two thirds of your average weekly wage, subject to a statewide maximum that changes each year. The benefit is not taxed, so it usually lands closer to your normal take home pay than the fraction suggests. Medical treatment is paid separately with no deductible or copay to you.
What is specific loss and do I have a claim?
It is a separate award for losing a body part or permanently losing its use, including hearing and vision, and for disfigurement of the head, face or neck. It is payable whether or not you returned to work and lost any wages. Amputation is not required, and nobody at the insurer will raise it for you.
Does workers comp pay for pain and suffering?
No, at any level of injury. Pennsylvania workers compensation contains no such award. That is the main reason to establish whether a third party claim exists alongside the compensation claim, because a third party claim does compensate it.
How is my average weekly wage calculated?
From your earnings before the injury, and it can properly include overtime, bonuses and in some circumstances a second job. Insurers frequently calculate it low by omitting those, and since every future payment derives from the figure the error compounds over a long claim. Check it early.
Do I pay anything toward my medical treatment?
No deductible and no copay for treatment that is reasonable, necessary and related to the work injury, paid at a set fee schedule. Disputes are usually about whether particular treatment is reasonable and necessary rather than about who pays.
What if a work injury causes a death?
Dependants may receive death benefits based on a percentage of the worker's wage, plus a contribution toward burial costs. Where a third party contributed, a separate wrongful death claim runs alongside and is not subject to the compensation limits.
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Media Head office
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Serving south and riverfront Delaware County.
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