Under the Pennsylvania Workers’ Compensation Act, Pennsylvania workers who are out of work due to a work-related injury do not receive one hundred percent of their wages. Instead, they receive as compensation a portion of their wages as set forth by the state. Each year, the Pennsylvania Department of Labor & Industry and Bureau of Workers’ Compensation establish that compensation rate in the Pennsylvania Statewide Average Weekly Wage and Compensation Rate Schedule.

For injuries occurring on or after January 1, 2023, compensation rates have been updated as follows:

AVERAGE WEEKLY WAGE - COMPENSATION RATE

Above $1909.50 - Flat Rate of $1,273.00

$954.76 to $1,909.50 - 66 2/3% of Earnings

$707.22 to $954.75 - Flat Rate of $636.50

$707.21 or less - 90% of Earnings

Also note that for purposes of calculating the update to payments for medical treatment rendered on or after January 1, 2023, the increase in the statewide average weekly rate is 5.7 percent.

The Pennsylvania Department of Labor & Industry will publish the above 2023 Pennsylvania Statewide Average Weekly Wage and Compensation Rate Schedule on December 17, 2022.

It has provided advance notice of the changes so that employers, insurers, and other businesses can update their operating systems accordingly. Proper calculation is critical in investigating and assessing new injury claims. In fact, incorrect benefit calculations may result in the assessment of interest, penalties, and attorneys’ fees.

Given the risks of inaccurate calculations, we recommend that employers and insurers consult workers’ compensation attorneys if questions arise. The workers’ compensation attorneys at Chartwell Law remain available to consult and assist our clients in the proper calculation of applicable rates.