Does workers comp pay full salary in PA?

Dive into the nitty-gritty of workers' compensation in Pennsylvania. Unravel the answer to "Does workers comp pay full salary in PA?" and delve into the aspects that influence these benefits. 

All You Need to Know About Workers' Comp in Pennsylvania: Salaries, Claims, and More 

Introduction 

Let's face it – life throws curveballs, and sometimes, they hit hard. What happens when one of these curveballs leaves you nursing an injury at work? Suddenly, your livelihood is hanging by a thread. This article will be your trusty companion as we breakdown how workers' compensation works in Pennsylvania.  

Does workers comp pay full salary in PA? 

A million-dollar question! Does workers comp pay full salary in PA? In a nutshell, no. It pays a portion of your salary, generally two-thirds. But wait, there’s more to it! Various factors such as your average weekly wage, nature of the injury, and the applicable laws, play a pivotal role.  

What’s the Magic Behind the Two-Thirds Figure? 

In Pennsylvania, workers’ compensation generally covers about 66.67% of your average weekly wage. The thinking is that since these benefits are non-taxable, this amount is comparable to your take-home pay. 

When Do the Benefits Kick In? 

You will be understandably anxious to get your benefits, however there is a waiting period. It's seven days before the benefits start flowing. If your injury stretches beyond 14 days, the benefits will cover the initial seven days. 

Caps and Minimums: Keeping Things in Check 

There's a cap on the amount you can receive. As of January 2023, the maximum compensation payable is $1,273.00 per week. 

Pennsylvania’s Workers’ Compensation Act: The Fine Print 

Scope and Breadth of the Act 

This Act is the lifeline for injured employees in PA. It ensures that workers are compensated for lost wages and medical expenses due to work-related injuries or illnesses. 

Navigating the Claims Process 

The claims process can be a real maze.  

1. Report the injury to your employer within 21 days. 

2. Your employer will file a report with the Bureau of Workers’ Compensation. 

3. A decision is made within 21 days of your employer’s knowledge of the incident. 

Appealing a Denial – A David vs. Goliath Battle 

Say your claim is denied, it’s not the end of the road. You can appeal, but brace yourself; it’s a Herculean task. Get legal counsel and file an appeal with the Workers' Compensation Appeal Board. 

Injuries Covered Under Workers’ Comp 

Now that we know that worker’s comp doesn't pay the full salary in PA, let's look at the injuries covered. 

Physical Injuries 

The most common injuries covered are physical, like fractures, burns, or muscle strains. 

Occupational Diseases 

Say your work environment made you sick over time. Conditions like asthma or carpal tunnel syndrome are usually covered. 

Mental Health Issues 

This is a grey area, but some mental health issues arising from work might be covered. 

Exemptions: Who Doesn’t Have Their Cake and Eat It Too? 

Some folks might not be covered. Typically, federal employees, longshoremen, railroad workers, and agricultural laborers fall under different guidelines. 

Third-Party Liability and Workers’ Comp 

In some cases, a third party might be responsible for your injury. In this scenario, you might have a case against the third party besides the workers’ comp claim. 

Filing a Third-Party Lawsuit 

You can file a lawsuit against a third party. An example of this would be a delivery driver who is involved in a motor vehicle accident and the other driver is at fault.  The delivery driver’s injuries would be work related and worker’s comp benefits would be paid.  Additionally, the delivery driver should file a lawsuit against the at-fault driver. 

The Balancing Act: Third-Party Settlement and Workers’ Comp 

Getting compensation from both ends? You may need to pay back a portion to the workers’ comp insurance. It’s a delicate balance. 

The Role of a Workers’ Comp Lawyer 

When the going gets tough, a workers’ comp lawyer can be your knight in shining armor. 

Choosing the Right Legal Counsel 

Don’t take it lying down. Choose a lawyer with a track record in workers’ comp cases. 

What’s the Damage? – Lawyers’ Fees 

In PA, the lawyer’s fee is typically 20% of your compensation.  

FAQs 

1. Does workers comp pay full salary in PA? No, it usually pays about two-thirds of your average weekly wage. 

2. What should I do if my claim is denied? Appeal the denial. Consider getting legal representation. 

3. Are all employees in PA covered by workers’ compensation? Most are, but there are exceptions like federal employees and agricultural laborers. 

4. Can I sue a third party if they are responsible for my injury? Yes, you can file a separate lawsuit against a third party. 

5. What types of injuries are covered by workers’ compensation? Physical injuries, occupational diseases, and in some cases, mental health issues. 

6. How long does it take to start receiving benefits? There’s a seven-day waiting period. If the injury lasts more than 14 days, benefits are retroactive to the first day. 

Conclusion 

The bottom line is, while workers' comp doesn't pay full salary in PA, it is a lifesaver. Know your rights, understand the process, and when in doubt, consult an attorney.