How Much Is the PA Statewide Average Weekly Wage? Changes to the WC Act
For those injured on the job, securing workers’ compensation benefits is one of the most important things a person can do. That money can help you and your family remain stable as you take the time needed to recover from your injury and get back on your feet.
After a workplace injury, you might have quite a few questions, like “How much does workers’ comp pay in PA?” and “How is this affected by changes to the Pennsylvania statewide average weekly wage?”
Recent updates to Pennsylvania’s Workers’ Compensation Act have introduced new complexities that can impact benefits and claims. Reaching out to workers’ compensation attorneys can help you fully understand your rights under the updated legislation. Importantly, now first responders can file for workers’ comp after sustaining a PTSI.
At Cohen, Feeley, Altemose & Rambo, our workers’ comp lawyers in Bethlehem (who also do cases for all of Pennsylvania) have spent decades representing injured workers across Pennsylvania and helping to secure them the financial outcome they deserve. If you or someone you love was injured on the job, reach out today to schedule a free consultation with a member of our firm.
Whether you’re filing a claim or addressing disputes, having legal guidance on your side can provide peace of mind and protection. In this article, we’ll explore the PA statewide average weekly wage and what new changes could mean for you.
Does Workers’ Comp Pay Full Salary in PA?
No, workers’ compensation typically does not pay a full salary. Under the Pennsylvania Workers’ Compensation Act, this calculation is based on the worker’s average weekly wage, which then has a corresponding workers’ compensation rate. The comp rate could be a max amount, 66 2/3, a flat rate, or 90 percent — depending on the average weekly wage.
The Pennsylvania Department of Labor & Industry sets a maximum amount that can be paid through workers’ compensation. Generally, that number changes every year.
How Much Does Workers’ Comp Pay in Pennsylvania?
When the Pennsylvania Workers’ Compensation Act was passed years ago, it meant that workers who are injured on the job could receive benefits of up to two-thirds of their average weekly earnings.
Each year, the Pennsylvania Department of Labor and Industry (DLI) calculates the statewide average weekly wage. The amount of benefits a person receives depends on where their salary is compared to the state’s weekly minimums and maximums (with those numbers set by the state). For example, in 2014, the maximum weekly compensation was $932, and by 2019, it had increased by over $100.
How Is PA Workers’ Comp Calculated?
How the statewide average weekly wage (SAWW) in Pennsylvania is calculated depends on a few factors. Every case is different; an Allentown workers’ compensation lawyer can talk to you about your specific Pennsylvania case.
The SAWW is based on the worker’s earnings from the year before their injury. So, if someone gets hurt in 2024, their SAWW will be calculated using wages earned in 2023.
The year is divided into four quarters. Each quarter has 13 weeks. The quarters are:
- First Quarter: January 1 – March 31
- Second Quarter: April 1 – June 30
- Third Quarter: July 1 – September 30
- Fourth Quarter: October 1 – December 31
Each of these quarters is used to look at how much the worker earned during that time.
After looking at how much the worker earned in all four quarters, the lowest quarter is thrown out. After dropping this lowest quarter, the average of the remaining three quarters is used to calculate the average weekly wage (AWW).
If a worker has been at their job for less than 13 weeks before the injury, the wages might be estimated. This estimation is based on what their expected wages would have been. If a worker has worked one complete quarter, the quarter will be assessed.
How Do I Calculate My Average Weekly Wage?
The state has three different blocks that generally determine how much workers’ compensation pays; the fourth is a fixed rate.
The lowest-earning tier pays a higher percentage of wages. The second-highest tier typically receives ⅔ of the average weekly wage and the highest earners (those who earn the statewide average weekly wage) receive a flat rate. People who are working in a lessened capacity subtract their current earnings from their pre-injury average weekly wages.
For more information about the SAWW and how it’s calculated, the Pennsylvania Department of Labor & Industry has more details on the year’s statewide average weekly wage. It also includes breakdowns of the pay blocks from the past five years. The maximum amount has steadily increased over that time, which is one of the reasons it’s so important to promptly file for workers’ compensation and ensure the date of the injury is accurate.
What Are the Common Causes of Workplace Injuries?
The causes and types of work injuries vary. This includes a long list of potential issues, including:
- Slips, trips, and falls
- Poor ergonomics (improper posture, equipment, or workspaces that cause hurt)
- Environmental conditions
- Machinery and equipment accidents
- Hazardous materials or substances
- Not providing adequate safety measures
- Failing to properly secure objects which, then fall and hurt others
- Workplace violence
The Pennsylvania Workers’ Compensation Act provides protections for workers from their very first day on the job that lasts throughout their employment. Additionally, employees addressing workplace safety hazards are protected from retaliation (something else a Pennsylvania lawyer like workers’ comp lawyers in Easton could advise on). Most employers in Pennsylvania have to carry Workers’ Compensation Insurance to help financially support injured employees after a work-related injury or illness.
Whether or not you believe that you have a claim, speak with a legal specialist to check if you’re able to apply. Far too often, employers and insurance companies may look to undercut and underpay workers’ compensation. They may even look to rush an injured worker back to work far too quickly, leading to an increased risk of re-injury.
Employers and insurance companies tend to have an advantage in these negotiations, given their in-depth understanding of the law (and changes to the PA statewide average weekly wage) when dealing directly with a worker. Working with an experienced law firm can help give you an equally strong approach.
Wrongful Death Cases: PA Workers’ Compensation Death Benefits
Sometimes, fatal workplace accidents can occur. If your loved one was killed on the job due to workplace or employer negligence, reach out to an experienced wrongful death attorney to discuss your options. There are additional nuances and legal avenues to pursue to obtain the financial means to support you and your family in this difficult time.
Workers’ Compensation Attorneys You Can Trust
If you were hurt on the job and are in need of legal representation to secure the workers’ compensation you deserve, Cohen, Feeley, Altemose & Rambo is ready to help. Our Pennsylvania workplace injury attorneys have spent decades working with people hurt at work and fighting for their rights at the negotiation table and in the courtroom. (For non-work related incidents, our personal injury attorneys are standing by to help!)
We are committed to securing our neighbors the financial outcome they need and guiding them through every step of the process, including explaining how the PA statewide average weekly wage is calculated, fringe benefits, receipt of unemployment compensation, and more can impact on that calculation.
Our team is ready and waiting to hear your story, so give us a call at 610-625-2100 to speak with a member of our firm, or schedule a free consultation by filling out our online form today.
Sources:
2024 Statewide Average Weekly Wage Announced | Pennsylvania Department of Labor & Industry
Pennsylvania Workers’ Compensation Act | Pennsylvania Department of Labor & Industry
OSHA Worker Rights and Protections | Occupational Safety and Health Administration
Workplace Violence | Office of Administration – Human Resources