Lancaster Workers Comp Benefit Lawyer
Generally speaking, workers’ compensation in Pennsylvania will not fully cover your entire salary. It will only provide a portion of the wages you earned on the job prior to the accident, as well as any reasonable medical expenses you incur in order to treat the injury. Below, our Lancaster workers comp benefit lawyer outlines how compensation is calculated.
What is the Formula for Calculating Workers Comp Benefits in Lancaster?
The main formula for calculating workers’ compensation benefits will depend on the income you earned over the past year. Your wages for the full year before your injury is divided into four quarters of 13 weeks each. If you received additional payments at your job such as tips, bonuses, or other compensation, these will also be added to your calculated salary. Workers’ compensation benefits are not based on your net pay once taxes are deducted but your gross income.
The quarter that has the highest income will then be divided to determine the average wages you earned prior to becoming injured on the job. Generally speaking, you will receive two-thirds of your wages to cover your lost income. Although the formula used to calculate lost wages may seem straightforward, it is not. Many issues can arise that result in these complications becoming more complex.
Other Factors that Impact the Formula Used
There are a number of factors that can impact the amount of benefits you receive for your lost wages. If you did not work for the same employer for a full year before becoming injured, or any employer at all, this will have an effect on the compensation you receive. The calculation considers all wages from any employer, even those you may have worked for prior to the accident.
Additionally, many employees work in professions where salaries are highly driven by performance-based bonuses or commissions. If you cannot work, you also cannot hit performance metrics or make sales goals. This can leave you with a much lower calculation for lost income than if you had a regular salary. There are certain laws that make sure sales workers are not penalized excessively. It is important to work with a Lancaster workers’ comp benefits lawyer who can advise you of what those laws are.
Adjustments to the Workers Comp Formula
If you have not worked for a full 52 weeks before your accident, the formula will use your average gross income for the 13 weeks directly before your accident. If you have not worked for 13 weeks before your injury, you can still collect workers’ compensation benefits but there will be further conditions in your case.
Our Workers Comp Benefits Lawyer in Lancaster Can Advise on the Settlement You Deserve
If you have been injured while on the job, it is critical to protect your rights by contacting our Lancaster workers comp benefit lawyer at Ira H. Weinstock, P.C. Our experienced attorney will know how to properly calculate the benefits you deserve and help you obtain the full and fair settlement that is rightfully yours. Call us today at 717-238-1657 or contact us online to request a free consultation.
