Getting Paid for Your Work Injury

You should receive your first check sometime after 21 days following the date you told your employer about your injury.

In Pennsylvania, payments for lost wages are approximately 2/3 of your average weekly wage up to a pre-set maximum. In 2014, the weekly maximum is $932.

Keep in mind, wage loss benefits can be reduced if you are receiving other payments such as a pension.

The petition you received is called a "Petition to Terminate Compensation Benefits." Your employer filed the petition because they believe that you have recovered from your injury and can now return to work.

A workers' compensation judge will decide if your payments will stop. Until those hearings take place, you should still receive your workers' compensation benefits and payments. If you've received one of these petitions, we highly recommend you contact an attorney if you believe you're still too injured to work, or if your personal doctor hasn't released you to work.

First and foremost, never accept a lump sum settlement without contacting an attorney. You may actually be losing out on the workers' compensation benefits and payments you deserve by taking a lump sum settlement before exploring all your options.

You might be eligible to settle for a lump sum, also known as a "Compromise and Release," if you've been off work for over four months due to your work injury, and you've been receiving workers' compensation benefits. It's important to remember that once you accept a lump sum settlement, you can't request further benefits even if you still remain unable to work.

Visit our lump sum page to learn more about this type of settlement and whether it's the right option for you.

If you return to work and you make:

• The same amount of money or more money than what you made before you were hurt, your payment for lost wages will be suspended.
• Less money than you made before you were hurt, you will receive lost wage payments in the form of partial disability benefits.

Partial disability payments equal approximately 2/3 of the difference between what you make now and what you made before you were hurt.

Example: You make $300 per week at your light duty job. Before you were injured, you made $450 per week. The difference between the two pay rates is $150 per week. Your partial disability payment would be 2/3 of $150, or approximately $100.

Your payment can not go over the maximum weekly payment rate that was set for the year you were injured. If you were injured in 2014, your weekly maximum in Pennsylvania is $932.

While you wait for a decision on your PA workers' compensation claim, you could:

• Check to see if your employer has a disability policy or sick and accident policy as part of your work benefits package
• Use any vacation or sick time you have available
• Seek public assistance

If you do receive Pennsylvania workers' compensation payments, your payments may be reduced based on the amount of money you are receiving from a sickness and accident policy, public assistance, unemployment compensation, Social Security disability benefits, pension, etc.