Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer
If you suffer an injury that causes you to miss work across multiple part-time or full-time positions in Pennsylvania, you can pursue compensation for lost wages through two primary paths: workers’ compensation for work-related injuries or a personal injury claim for non‐work injuries.
1. Workers’ Compensation Claims (Work‐Related Injuries)
Under the Pennsylvania Workers’ Compensation Act, you may recover benefits equal to two-thirds of your average weekly wage, up to the state maximum, if your injury arises out of and in the course of your employment. When you hold multiple jobs with different employers at the time of injury, the Bureau combines wages from all jobs to calculate your average weekly wage.
- Notice Requirement: Notify each relevant employer in writing within 120 days of the injury. See 34 Pa. Cons. Stat. § 311 (link).
- Average Weekly Wage Calculation: Combine gross wages, bonuses, overtime and commissions from all jobs during the 52 weeks before injury. Divide by 52 to find your average weekly wage. See 34 Pa. Cons. Stat. § 309 (link).
- Filing a Claim Petition: Submit a Claim Petition with the PA Workers’ Compensation Bureau. Include wage statements, W-2s, pay stubs and employer contact information.
- Medical Documentation: Provide treatment records and physician opinions showing your injury prevents you from working.
- Payment of Benefits: Once the employer’s insurance carrier accepts liability, benefits typically begin within 21 days after they receive your notice or petition.
2. Personal Injury Lawsuit (Non‐Work Injuries)
If your injury did not occur at work—such as a car crash or a slip in a public place—you may pursue lost wages as part of a civil lawsuit against the negligent party.
- Statute of Limitations: File your lawsuit within two years of the injury under 42 Pa. C.S. § 5524(2) (link).
- Proving Lost Wages: Gather pay stubs, tax returns, employer letters, and W-2 forms for each job. Ensure you document missed shifts, scheduled hours, and rate of pay.
- Expert Testimony: In complex situations, an economist or vocational expert can project future earnings losses.
- Settlement vs. Trial: Many cases settle before trial. A settlement release typically covers past and future lost wages so review carefully before you sign.
Helpful Hints
- File notices and petitions promptly. Missing deadlines can forfeit benefits.
- Keep a detailed work-absence log noting date, hours scheduled versus missed.
- Maintain all wage records in a single file—pay stubs, tax forms and employer letters.
- Consult the PA Workers’ Compensation Bureau website for forms and instructions.
- Consider legal representation if the insurer denies benefits or disputes your wage calculations.
- Review any settlement carefully. A broad release may bar future claims for the same injury.
- Stay informed about statutory maximum weekly rates; these change annually. Visit the PA Department of Labor & Industry for updates.