Workers' compensation benefits in Pennsylvania and New Jersey are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates that apply.
In Pennsylvania, wage loss benefits are generally 66 2/3% of the worker's average earnings, subject to the new maximum rate of $1,325.00 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. Section 105.1 of the Act, 77 PS 525.1.
The increase in rates from last year is 4.0%, and that also gets applied to medical benefits in Pennsylvania.
In New Jersey, a worker's wage loss benefits are based on 70% of his average earnings. The new maximum rate is $1,131.00 per week, and there is a minimum rate of $302.00 per week. NJSA 34:15-12(a) and (b).
New Jersey also has permanency benefits that are capped at 70% of the worker's average earnings or the maximum rate, whichever is less. Benefits are payable based on the extent of the permanent disability. Other than the 70% cap, rates are not calculated using the worker’s earnings. The rates are located on an annual “schedule of disabilities.” There is a minimum rate of $35.00 per week. NJSA 34:15-12(c).
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