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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111666
Experience:  20+ Years of Employment Law Experience
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I live in Pennsylvaniai was injured on the job last year

Customer Question

i live in Pennsylvania
i was injured on the job last year 8-2014.
since my accident i have worked full time on light duty since my injury.
i have not missed any time from work
On 7-8-15 i was told my light duty position was eliminated and they no longer have a light duty position for me.
i was told as of 7-9-15 my job put me out on disability.
i want be sure the weekly amount is correct i will receive for workman's comp
from 12-2013 to 3-2014 i worked prn and was paid per patient
(i am a registered nurse)
i was only paid for the patient i saw and mileage
mid 3-2014 i accepted a full time position
from mid march to accident 8-2015 i worked full time as a salaried employee and mileage
what is the formula to calculate my weekly workman comp weekly payment
since my time was split i i did not work a fulll 52 weeks
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unless you have a permanent disability that permanently impairs a major life function, the employer has the discretion in these matters regarding providing light duty in workers compensation cases or other cases. If you are under workers compensation your temporary total disability benefit is 2/3 of your average weekly wage at the time the injury occurred, unless the employer has some contract with you to make up the difference to give you your full wage at the time of your injury.
Under PA law, the MINIMUM compensation rate is the lower of 90 percent of the your average weekly wage or 50 percent of the statewide average weekly wage. However, in general it is 2/3 of what your base wage average was at the time of your injury. So they will average your pay for the time working for them up to the injury and you would receive 2/3 of that as your temporary total disability pay.
Customer: replied 1 year ago.
i am confused??
if i worked per diem(paid for each patient i saw) from 12-2013 to 3-2014
then accepted a full time salary position from mid march 2014to my accident 8-2015
how do i take the average weekly wage?ex, from dec 2013 to 3-2014 if i added what i was paid per check ( i did not work consistent because it was a per diem position)
would i take the amount totaled from those checks ex $6000.00and then take what i made with the full time position 3-2014 to 8-2015 add ea check ex $10,000would i add the two amounts together and take 66.66% (2/3) of the $16,000 ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They will add up your wages over all of the weeks worked and take an average of that for the wages. They would add all of your weeks of work together for the year up to the date of the injury and divide it by the total number of weeks worked.
Customer: replied 1 year ago.
i did not work weeks from 12-2013 to 3-2014 i worked per patientex i worked sat saw two patients i was paid per patient only , i may not have worked again til the following sat etcif i did not work weeks during this time frame how are those wages counted ?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
If you were an employee of this employer at the time, then they average those wages into the average weekly wage. So if you worked as an employee for this same employer, but worked per diem and say you earned for example $1000 per week, then you went full time and earned say $5000 per week, all of those weeks are added together and divided by the total number of weeks with the employer the year you were injured to figure the average weekly wage.
Customer: replied 1 year ago.
i guess when you say :weeks" that is what is confusing.
when i worked per diem i was paid per patient not by the week . so for ex i worked a sat was paid for two patients and did not work again til the following sat same scenario and may not worked again for a few weeksso how can they count within in that per diem time frame "weeks" if i worked on a day to day basis and sometimes did not work at all ?
if i take the total weeks from (dec 2013 to aug 2014) 36 weeks and divide it by the total amount of money
the number will the be off because i did not work "weekly" during the per diem segment of my employment
(thank you for your patience)
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
They will calculate the weeks in which you actually worked and earned wages, if you did not work in a week, they will not use that in the calculation.