There’s no denying the fact that the Workers’ Compensation system can be incredibly beneficial to individuals injured on the job. However, with the number of incidents that happen daily, the system must also protect itself to give everyone a fair chance at receiving adequate benefits.
Unfortunately, this also imposes limitations on total temporary disability (TTD) benefits that a person can receive. Furthermore, these constraints aren’t immediately obvious, unless you enlist the assistance of experienced legal professionals, such as Allentown back/neck injury attorneys, for instance.
That’s why, today, we’re exploring how the PA Workers’ Compensation Board handles TTD cases and what it means for individuals who suffered the most severe injuries while performing their work duties.
Does the Pennsylvania Workers’ Compensation Board have a limitation on the amount of total temporary disability benefits?
Yes, in Pennsylvania, as in other states, there are limitations on the amount of total temporary disability (TTD) benefits that an injured worker can receive under the Workers’ Compensation system. These limitations are primarily in the form of maximum and minimum compensation rates that are set annually based on the statewide average weekly wage (SAWW), and largely have to do with how much the injured worker was earning at the time of their injury.
Maximum TTD Compensation Rate
The maximum TTD compensation rate is a percentage of the SAWW and is intended to cap the weekly amount an injured worker can receive as TTD benefits. Each year, the Pennsylvania Department of Labor & Industry determines this rate, which applies to injuries occurring in that year. For workers who earn above a certain amount, their TTD benefits cannot exceed the set maximum, even if it is less than two-thirds of their actual wages. In this way, TTD benefits being capped out by the state can severely diminish a high earner’s income while they are on TTD.
Minimum Compensation Rate
Similarly, there is a minimum compensation rate of 2/3rds the current pay of the injured worker, which ensures that workers receive at least a minimum level of benefits, regardless of their wage at the time of injury. However, if a worker’s wages are very low, their benefits may be calculated as a percentage of their actual wages rather than being subject to the minimum rate. In this case, Pennsylvania is one of the top states for injured workers.
Duration of Benefits
While there might not be a specific time limit for how long TTD benefits can last, the duration can be affected by various factors, such as:
- The injured worker’s recovery and ability to return to work.
- Whether the worker is deemed to have reached maximum medical improvement (MMI), meaning their condition is not expected to significantly improve with further treatment.
- The transition from temporary disability benefits to permanent disability benefits if the injury results in permanent impairments. In this case, the financial benefits could be for life.
Annual Adjustments
It’s important to note that the maximum and minimum compensation rates are adjusted annually to reflect changes in the statewide average weekly wage. This adjustment ensures that the Workers’ Compensation benefits somewhat keep pace with inflation and wage growth over time, otherwise known as Cost of Living Adjustments or (COLA)
For the most current and accurate rates and specific details about how these limitations might apply to an individual work injury case, it’s advisable to consult the Pennsylvania Department of Labor & Industry’s website.
It is even more advisable to speak with a legal professional specializing in Workers’ Compensation law in Pennsylvania, as they can provide up-to-date information and guidance based on the latest laws and regulations.
Which Allentown back neck injury attorneys near me can help me realize maximum benefits?
At Liberty Bell, we believe that you deserve maximum compensation if your work-related injury resulted in TTD, regardless of who’s at fault for the incident. We’re ready to put all our collective expertise to work – all 20+ years of it – to ensure you get the compensation you rightfully deserve.
Count on us to offer mindful guidance throughout the process, from filing a work comp claim to the final settlement, so that you can enjoy a stress-free recovery. Reach out to us today to schedule a consultation at our offices near Allentown Art Museum and let our team secure your brighter future!
