The amount of your weekly benefit check is two thirds of the difference between your average weekly wage at time of injury and your current gross earnings.
In order to determine the proper amount of your workers’ compensation weekly benefit check, your employer sends your pay stubs to its insurance company, and the insurance company does the calculations to determine your average weekly wage. The average weekly wage figure must include all of the following amounts received during the 12 months before you were hurt, including, but not limited to:
- Wages
- Vacation Pay
- Tips
- Overtime
- Holiday Pay
- Bonuses
- Incentive Pay
When you return to work your employer may have a policy that you cannot work overtime if you are restricted to a 40 hour work week or if you are restricted to performing any employment less than full, unrestricted duty, such as sedentary or light duty. Typically, your employer will impose such a restriction on performing overtime work while you are on modified duty to force you to return to full, unrestricted duty as quickly as possible. As a result of missing overtime pay, you might find that you are not earning as much as you did before.
The Pennsylvania Workers’ Compensation Act covers situations where you return to work and are not earning as much as you did prior to your injury. The current law for a loss of overtime wages is fairly straight forward: an injured worker who returns to work following a work accident has a claim for partial disability benefits if they cannot perform overtime work due to restrictions caused by the work injury (whether restrictions on the number of hours in a week or the physical capabilities of the injured worker) if a similarly situated employee is performing overtime work while the restrictions on the injured worker are applicable. In other words, if your fellow employees are working overtime and you are only being denied overtime because of your work-related injury, then you are entitled to some workers’ compensation benefits to make up for the lost overtime for up to 500 weeks which is 9.6 years.
To speak to one of our experienced attorneys about workers’ compensation, call Calhoon and Kaminsky P.C., today at (717) 695-4722 today!
The law firm of Calhoon and Kaminsky P.C., represents injured workers and those seeking Social Security Disability throughout Pennsylvania, including but not limited to, Altoona, Harrisburg, Pottsville, Allentown, Reading, Bloomsburg, Easton, Bethlehem, Norristown, Bristol, Williamsport, State College, Wilkes-Barre, Scranton, Lancaster, Waynesboro, York and all cities in Bucks County, Chester County, Columbia County, Dauphin County, Delaware County, Lackawanna County, Lancaster County, Lebanon County, Lehigh County, Luzerne County, Lycoming County, Montgomery County, Monroe County, Montour County, Northampton County, Northumberland County, Philadelphia County, Pike County, Schuylkill County, Wyoming County and York County, PA. Our offices are located at 2411 North Front Street, Harrisburg, PA and 14 North Main Street, Suite 300, Chambersburg, PA, and we can arrange for meeting locations at law offices throughout the State.
Calhoon and Kaminsky P.C.
2411 North Front Street
Harrisburg, PA 17110
1-717-695-4722
14 North Main Street
Suite 309
Chambersburg, PA 17201
1-717-695-4722
