According to the Workers’ Compensation Act, injured workers are entitled to wage-loss benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the Act, and the benefit rate is set using the average statewide weekly average determined for the year the injury occurred. The maximum is based on the Department of Labor and Industry’s calculation of the statewide average weekly wage.
The average weekly wage is calculated based on your total of all gross wages from every employer you have at the time of your injury. Your average weekly wage includes overtime, bonuses, tips that you reported to the IRS, vacation pay, and even payments for lodging.
If you receive the same amount each week, your average weekly wage is your gross weekly paycheck. If you are an hourly worker, your average weekly wage will depend on how long you have worked for the employer where you were injured.
In addition, there are minimum and maximum benefits. The maximum amount you can receive depends on the Department of Labor and Industry’s calculation of the statewide average weekly wage. If you are injured at work, the schedules provided on the Pennsylvania Department of Labor and industry site provide weekly rates from calendar year 2013 to 2019.
Pursuant to the Workers’ Compensation Act, Section 105.1 and 105.2, the Department of Labor & Industry has determined the maximum compensation for injuries occurring on and after Jan. 1, 2020 shall be $1081.00 per week. For purposes of calculating the update to the payments for medical treatment rendered on and after Jan. 1, 2020, the percentage increase in the statewide average weekly wage is 3.1 percent.
The schedules provided on the Pennsylvania Department of Labor and industry site provide weekly rates from calendar year 2015 to 2018. The maximum weekly compensation rate for calendar year 2020 is $1,081.00. The weekly compensation rate is to be 66 2/3 percent of the employee’s average weekly wage falls between $1,621.50 and $810.76. The weekly compensation rate is $540.50 if the employee’s average weekly wage is between $810.75 and $600.56, and 90 percent of the employee’s average weekly wage if it is $600.55 or less.
Pursuant to the Workers’ Compensation Act, Section 105.1 and 105.2, the Department of Labor & Industry has determined the maximum compensation for injuries occurring on and after Jan. 1, 2019 shall be $1,049.00 per week. For purposes of calculating the update to the payments for medical treatment rendered on and after Jan. 1, 2019, the percentage increase in the statewide average weekly wage is 2.3 percent.
The maximum weekly compensation rate for calendar year 2019 in Pennsylvania is $1,049.00. The weekly compensation rate is to be 66 2/3 percent of the employee’s average weekly wage falls between $1,573.50 and $786.76. The weekly compensation rate is $524.50 if the employee’s average weekly wage is between $786.75 and $582.78, and 90 percent of the employee’s average weekly wage if it is $582.77 or less.
The maximum weekly compensation rate for calendar year 2018 in Pennsylvania is $1,025.00. The weekly compensation rate is to be 66 2/3 percent of the employee’s average weekly wage falls between $1,537.50 and $768.76. The weekly compensation rate is $512.50 if the employee’s average weekly wage is between $768.75 and $569.44, and 90 percent of the employee’s average weekly wage if it is $569.43 or less.
There are other potential factors in calculating your average weekly wage. Our law firm has found that the average weekly wage is one of the most frequently miscalculated items by workers’ compensation insurance carriers. Because these errors can result in significant money over time, you should work with an experienced workers’ compensation attorney if you suspect that your average weekly wage is not accurate.
You can learn more about the workers compensation system and workers compensation benefits in Pennsylvania by visiting the Bureau of Workers’ Compensation site or exploring our website.
Our law firm handles workers’ compensation claims in Philadelphia and other Pennsylvania cities. For our clients’ benefit, we provide a handbook with answers to common workers’ compensation questions. To request a copy, visit our workers’ compensation handbook page.
The workers' compensation attorneys at Martin Law have received numerous honors and awards—from other lawyers, neutral third-party publications and trusted consumer organizations. The achievement we are most proud of is simply being able to help the many decent, hardworking people who have suffered the misfortune of a work injury.
More than fifteen years ago we authored our Workers' Compensation and Social Security Handbooks and made them available upon request. Today we continue to offer both handbooks, now available in English or Spanish. Also available in English only, our Long-Term Disability Handbook. Call 215.587.8400, or via our online form.
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