Total Disability Wage Loss Benefits vs Partial Disability Wage Loss Benefits
In this blog we’re going to dig into Disability Wage Loss Benefits. We’re going to cover total disability wage loss benefits and partial disability wage loss benefits.
Two of the most common questions we receive from our Pennsylvania workers’ compensation clients are:
What are total disability wage loss benefits?
and
What are partial disability wage loss benefits?
We’ll answer both of these common questions in this post, and hopefully help you get a better understanding of disability wage loss benefits to help you with your Pennsylvania workers’ comp case.
Contact a Pennsylvania Workers’ Compensation Attorney
If you’re asking questions about disability wage loss benefits you either have, or think you might have, a Pennsylvania workers’ compensation case on your hands.
It’s a good idea to gather as much information as you can on your own, and we’ll help as much as we can with the free information on our website and social media.
But, Pennsylvania workers’ compensation law can get complicated very quickly, and making the wrong decisions can change the outcome of your case.
If you’re dealing with a PA workers’ comp claim you should contact an experienced Pennsylvania workers’ compensation attorney right away.
An experienced and knowledgable workers’ compensation attorney will answer all of your questions in far greater detail than any blog post, help make sure all applicable forms and petitions are filed correctly, and represent you in court.
Attorney Joshua B. Goldberg, ARM’s Pennsylvania workers’ compensation attorney, offers free consultations to all of his workers’ compensation clients.
Attorney Goldberg is an expert in PA workers’ compensation law. He has been practicing in this field for over 24 years.
His decades of experience in the field and comprehensive knowledge of Pennsylvania workers’ compensation will be on your side, all you have to do is make the call.
Call us today, fill out one of our contact forms on this website, or visit your local office today and schedule your free consultation.
If you’re just here for the free information or to get a better understanding of disability wage loss benefits on your own, let’s get to it.
What are total disability wage loss benefits?
Total disability wage loss benefits are benefits that are provided based upon your inability to work in any capacity.
Your Average Weekly Wage will be calculated by your employer and/or its insurance company, which is a backwards looking calculation based upon your earnings prior to the work accident.
That figure is then converted into a compensation rate, which is the amount you will receive.
The calculation of the compensation rate depends entirely upon your Average Weekly Wage. The thresholds vary from year to year.
There is technically no limit to the time frame during which you can receive these benefits, but there are procedures and mechanisms in the law that can be used to try and limit your benefits or the period of time during which you receive those benefits.
One such method is an Impairment Rating Evaluation (IRE).
If you are found to have less than a 35% whole body impairment, your time frame for the receipt of wage loss benefits will be limited to 500 weeks; your compensation rate will not change.
What are partial disability wage loss benefits?
Partial disability wage loss benefits are benefits you will receive when you are not completely disabled and are working in some capacity.
This will occur where you have returned to work on modified duty with restrictions.
In such a situation, your benefits will be reduced by the amount you are earning in this modified duty position.
You do not, however, get a dollar for dollar offset.
Instead, you will be entitled to 2/3 of the of those sums you are losing.
If you return to work and are receiving partial disability benefits, you are only eligible to receive those benefits for 500 weeks.
Total Disability Wage Loss Benefits vs. Partial Disability Wage Loss Benefits: Conclusion
To define these two types of benefits a bit more simply:
Total Disability Wage Loss Benefits are benefits you will receive if you are disabled to the point that you can’t work at all.
and,
Partial Disability Wage Loss Benefits are benefits you will receive if you are disabled partially, but can still work in some capacity.
We hope you have a better understanding of these two types of disability wage loss benefits after reading this article.
If you have more questions, or want to speak with an experienced Pennsylvania workers’ compensation attorney, please reach out.
Give us a call, fill out our contact form, or stop by one of our offices.
We’re here to help!
