Pennsylvania Workers’ Compensation and Temporary Total Disability
Injured Pennsylvania employees are entitled to collect workers’ compensation benefits under the Pennsylvania Workers’ Compensation Act (the Act). The Act requires most employers to carry workers’ compensation insurance to cover the cost of reasonable medical expenses, lost wages, and other expenses associated with their employees’ workplace injuries.
Types of Workers’ Compensation Disability in Pennsylvania
Pennsylvania workers whose injuries cause them to miss more than seven days of work may collect disability benefits. Depending on the severity of their injury and how long they are out of work as a result, workers may qualify for the following types of disability in Pennsylvania:
Temporary Total Disability
Workers who are unable to return to any work for a temporary period of time may be eligible to collect this type of benefit. When a worker has been out of work for 104 weeks, their employer may require them to undergo a medical exam to re-evaluate their condition.
If the doctor determines, in accordance with the American Medical Association (AMA) standards, that a worker is less than 35 percent impaired, then the worker may begin receiving partial, instead of total, disability payments.
Partial disability payments may be paid for up to 500 weeks, and the benefits will be terminated when they are released to return to full employment by the workers’ compensation doctor or maximum medical improvement (MMI) has been achieved.
Temporary Partial Disability
Workers may qualify for this type of disability if they are determined to be less than 35 percent impaired. If they are unable to return to their pre-injury job but are still able to work, then they may be able to collect two-thirds of the difference between the wages they are currently receiving and the wages they earned prior to the injury.
Permanent Total Disability
This type of benefit may be available for those who are unable to return to any form of employment. This is determined at an impairment rating evaluation (IRE). At that time, the doctor must determine the worker to be at least 35 percent impaired with little to no expectation for improvement.
Workers who are deemed to have reached MMI are considered to have a permanent total disability. Those who are permanently and totally disabled may be eligible for a lifetime pension through workers’ compensation.
Permanent Partial Disability
If an employee is deemed to have a less than 35 percent impairment, they may be able to collect this type of disability benefit. If eligible, they will receive two-thirds of the difference between their pre-injury wages and their current earnings.
How is Temporary Total Disability Calculated?
Those who qualify for temporary total disability may receive two-thirds of their average weekly wage up to a cap set and adjusted annually by the Pennsylvania Department of Labor and Industry. Workers in lower wage brackets may be entitled to up to 90 percent of their average weekly wage. Payments may continue up to 104 weeks, at which point the employer may request an IME.
Other Types of Workers’ Compensation Benefits
Workers with temporary total disability may also qualify for other types of workers’ compensation benefits. Benefits vary by state; therefore, workers should seek the counsel of a knowledgeable workers’ compensation lawyer at Larry Pitt & Associates, P.C. In Pennsylvania, specific loss and death benefits may also be available.
Pennsylvania Workers’ Compensation Attorneys at Larry Pitt & Associates, P.C. Help Workers Collect Temporary Total Disability Benefits
If your work-related injury caused you to miss more than seven days of work, contact a Philadelphia workers’ compensation attorney at Larry Pitt & Associates, P.C. You may qualify for temporary total disability, as well as other types of benefits. Our experienced lawyers can help you obtain the maximum benefits to which you are entitled and ensure that your rights are protected. For a free case evaluation, call us at 888-PITT-LAW or complete our online contact form.
We proudly represent injured workers in Berks County, Bucks County, Chester County, Delaware County, Montgomery County, Philadelphia County and throughout Pennsylvania, including those in the communities of Abington, Ambler, Ardmore, Bala Cynwyd, Bensalem, Clifton Heights, Crum Lynne, Darby, Downingtown, Doylestown, Drexel Hill, Essington, Folcroft, Glenolden, Haverford, Havertown, Holmes, Kutztown, Lansdowne, Media, Merion Station, Morton, Narberth, Norristown, Norwood, Philadelphia, Prospect Park, Quakertown, Reading, Roxborough, Sharon Hill, Upper Darby, West Chester and Wynnewood.