Employees who are injured in the course and scope of their employment are entitled to weekly wage loss benefits and medical benefits. To determine the correct amount of weekly wage loss benefits payable to given individuals, their average weekly wage must be calculated. When an injured worker does not have a fixed income or salary, the Pennsylvania Workers’ Compensation Act focuses on the amount of time the employee actually worked for the employer immediately preceding the work incident and the amount of wages earned during that period of time. Under these circumstances, where varied wages are involved, the act has delineated three different methods for calculating an individual’s average weekly wage.
Continue Reading Average Weekly Wage if Injured at Work

The Compassionate Allowance program expedites disability decisions for persons with the most serious, and often fatal, conditions to ensure that these persons receive their disability decisions quickly, rather than the months or years it takes for most disability claims to be decided upon. The Compassionate Allowance program identifies claims where the applicant’s disease or condition clearly meets Social Security’s standard for disability.
Continue Reading Social Security Expands Compassionate Allowance Conditions

In my previous posts, I discussed the sometime difficult issue of whether you are “in the course and scope of your employment” at the time an injury occurs. A recent case highlights the difficulty.
Continue Reading Am I in the Course and Scope of my Employment?

Under Workers’ Compensation, the employer is responsible for medical care and treatment that is reasonable and necessary as a result of the work injury. What happens when new symptoms arise sometime after the actual work incident? Are the new symptoms considered part of your work injury?
Continue Reading New Symptoms: Are They Covered?

If you are injured while commuting to or from work, you generally cannot make a Workers’ Compensation claim. Commuting to and from work is not considered in the course of employment (“coming and going rule”). The following are exceptions to this general rule:…
Continue Reading Workers’ Compensation / Commuting

The Workers’ Compensation Act provides that an employee’s workers’ compensation claim may be resolved, in whole or in part, through a Compromise and Release of your workers’ compensation benefits. “Compromise and Release” is the name given to the settlement documents when you settle your claim. The settlement is referred to as a “C&R”.
Continue Reading The Workers’ Compensation Act

The issue of whether a travelling employee’s activity is in furtherance of the employer’s business and affairs, and therefore in the scope of employment, is difficult to determine. If a travelling employee is injured after setting out on the business of the employer, it is presumed that the employee is in the course and scope of employment when the injury occurs. However, this is not without limits. The courts have to look at the employee’s activity and the circumstances surrounding the injury event. They must look to see if the employee is engaged in an activity that was reasonable and incidental to the employment duties at the time. If the court cannot find that the activity is reasonable and incidental to his/her job, then any claim will be denied.
Continue Reading Workers’ Compensation / Travelling Employees

Under Pennsylvania Workers’ Compensation Law, employers and insurers can be subject to monetary penalties. The Law provides that the Court has the power to impose penalties for a violation of any provision of the Workers’ Compensation Act, Rules and Regulations. Employers and insurers may be penalized up to ten percent (10%) of an amount awarded, plus interest. This penalty may be increased to fifty percent (50%) in cases of unreasonable or excessive delays.
Continue Reading Worker’s Compensation Penalties: What Are They?