Under Pennsylvania law, workers who are hurt at work and unable to continue working (either temporarily or permanently) due to injury or illness caused in the workplace are entitled to compensation, which includes medical and wage loss benefits. However, the total amount of wage loss benefits you receive under workers’ compensation laws may be modified or reduced by several factors, including:
Lump sum payout. If your case is settled by receipt of a lump sum settlement, your weekly or biweekly wage loss benefits will stop.
Full recovery. Your wage loss benefits may be terminated if the employer’s insurance carrier obtains a medical opinion of full recovery from any physician and that medical opinion is upheld by a judge in a workers’ compensation proceeding.
Return to work. If you return to work for any employer at the same average weekly wage you were earning at the time of injury, your wage loss benefits will be suspended. Should you return to work anywhere at a wage rate lower than what you were earning at the time of injury, your benefits will be reduced to partial disability benefits for a period not to exceed five hundred weeks.
Ability to work. Even if you are permanently injured or disabled, your employer’s insurance carrier may seek to have your wage loss benefits reduced based on testimony and assessments by insurance company doctors and vocational experts that you still possess earning capacity when employed in more sedentary occupations.
Other wage benefits. Your wage loss benefits may be reduced if you are collecting other wage benefits such as unemployment compensation, short-term or long-term disability benefits, or severance pay.
At Krasno, Krasno, & Onwudinjo, our workers’ compensation and social security disability specialists are prepared to vigorously defend against insurance company legal tactics and aggressively pursue your right to recover all compensation legally due to you. Contact us today at (888) 774-9695 for a free case consultation and evaluation.
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