Careful Calculations Are Necessary To Account For Wage Loss Compensation
There are two aspects to a workers’ compensation claim: the medical compensation side (hospital and doctor fees) and the indemnity side (lost wages). On the indemnity side, your wage loss compensation amount will be based on your wages.
Because your wage loss compensation is not adjusted for inflation and you may need to live on it for many years, it is very important that it is calculated correctly. The disability may be classified as:
- Partial disability
- Total disability
Partial disability is when you can work in some capacity, but cannot perform your previous duties. Total disability is when you cannot work in any capacity. Our law firm can represent your interests in a Social Security Disability claim if it is determined that you are permanently disabled.
Understanding Wage Loss Compensation
Your wage loss compensation will be based on your pre-injury average weekly wage (AWW). The AWW figure is calculated on gross wages before any deductions such as taxes, Social Security or health benefits. Your wage loss compensation will typically be two-thirds (66.33 percent) of your AWW. To use round numbers, if your AWW is $750, your compensation will be approximately $500.
Determining a wage loss benefit amount can become complicated. At Cullen Legal, our Philadelphia wage loss compensation attorney has a thorough understanding of the workers’ compensation rules and regulations that may cause a claim delay or claim denial. We have experience with the following types of matters:
- How is the AWW calculated if you are injured your first day on the job?
- How is the AWW calculated if you are paid on salary plus commission or bonuses?
- What happens if you begin as partially disabled and your condition worsens?
- How does it work if third-party negligence was involved?
- What happens if your injury occurred on your way to a required business meeting?
- What if the employer agrees to the claim amount, but the insurance carrier does not?
A client fell at work and had multiple injuries. He went out on workers’ comp and returned to work afterwards, but still wasn’t fully recovered. We had his wage loss benefits reinstated, and he was able to go back on workers’ comp and get treatment for his injury.
A Certified Specialist With In-Depth Knowledge
At Cullen Legal in Bristol, we understand the disability designations and what conditions must be met to be classified as eligible to receive workers’ compensation wage loss benefits. Lawyer Robert L. Cullen is a Certified Specialist in Workers’ Compensation. He is one of a select group of Pennsylvania temporary disability lawyers who have been certified as Specialists by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law.
Our law firm can help you:
- File your workers’ comp claim
- Monitor the progress of your workers’ comp claim
- Correct an incorrect wage loss benefit determination
- Litigate any denials
- Litigate your case if you are dropped for some reason
- Negotiate a lump sum settlement
Contact us if your employer or the insurer asks you to attend an independent medical exam (IME) or an impairment rating evaluation (IRE). They may be attempting to suspend, modify or halt your benefits.