Request a Free Consultation

How Long Can You Be On Workers Compensation In Philadelphia?

Posted on February 27, 2024

In Pennsylvania, the duration of workers’ compensation benefits depends on various factors. However, partial disability benefits can potentially be collected for up to 500 weeks and total disability for up to 104 weeks unless the permanent impairment rating threshold is met.

What Pennyslvania Law States About How Long Workers' Compensation Lasts

What Pennsylvania Law States About How Long Workers’ Compensation Lasts

According to Pennsylvania’s Workers’ Compensation Act,

Workers Compensation Act Section 306 (a.3) (7)

“In no event shall the total number of weeks of partial disability exceed five hundred weeks for any injury or recurrence thereof, regardless of the changes in status in disability that may occur.

In no event shall the total number of weeks of total disability exceed one hundred and four weeks for any employe who does not meet a threshold impairment rating that is equal to or greater than thirty-five per centum impairment under the American Medical Association “Guides to the Evaluation of Permanent Impairment,” 6th edition (second printing April 2009), for any injury or recurrence thereof.”

Total Disability (TD) Benefits

In the initial stages of an injury, an employee may be eligible for Total Disability (TTD) benefits. TD benefits are designed to provide financial support to workers who are unable to perform any work due to their injury. The duration of TTD benefits varies based on the severity of the injury and the time it takes for you to recover or reach Maximum Medical Improvement (MMI). MMI means your medical condition has stabilized, and further improvement is not expected.

Following 104 weeks of receiving TD, your employer’s insurance carrier can require a medical examination to determine your impairment rating. If this evaluation concludes that you are not at least 35% disabled due to your work injury, your benefits will switch from total to partial disability benefits. On the other hand, total disability benefits can extend for the duration of the disability or even for a lifetime, providing ongoing financial support.

Wage loss benefits Are generally 66 ⅔% of the worker’s average earnings and subject to the 2024 maximum rate of $1,325 per week. If the worker’s earnings are $736.10 per week or less, the rate is 90% of that amount. If the earnings fall on or between $993.75 and $736.11 per week, there is a flat rate of $662.50 per week.

Partial Disability (PD) Benefits

Partial disability benefits provide compensation for the wage loss resulting from the reduced ability to perform job duties. Meaning, you can still receive PD benefits if you return to work at a lower paying job due to injury-related restrictions.

PD can be collected for up to 500 weeks or around 9.6 years. However, if at any point you receive a qualified impairment-rating evaluation equal to or greater than 35%, you can file a petition to be reinstated to total disability status.

To navigate the workers’ compensation system effectively, seeking guidance from a knowledgeable Philadelphia work injury attorney is critical. They can provide clarity on your individual case and help ensure that you receive the appropriate benefits for as long as necessary.