New Castle Workers' Compensation Attorney Lawrence M. Kelly Explains Partial Disability Benefits Under Pennsylvania Law

NEW CASTLE, PA - Injured workers in Pennsylvania who return to work at reduced capacity or lower wages may be entitled to partial disability benefits under Section 306(b) of the Workers' Compensation Act. New Castle workers' compensation attorney Lawrence M. Kelly of Luxenberg Garbett Kelly & George P.C. (https://www.lgkg.com/can-you-receive-workers-compensation-for-partial-disabilities/) explains how these benefits are calculated, what limits apply, and how workers can protect their claims.

According to New Castle workers' compensation attorney Lawrence M. Kelly, partial disability in Pennsylvania workers' compensation refers to a situation where an injured worker can still perform some type of work but cannot earn the same wages earned before the injury. Under Section 306(b) of the Act, codified at 77 P.S. 512, the compensation rate equals two-thirds of the difference between the worker's pre-injury average weekly wage and post-injury earning power. "The benefits are designed to bridge the gap between what an employee earned before the injury and what they can earn afterward," explains Kelly.

New Castle workers' compensation attorney Lawrence M. Kelly notes that the average weekly wage is calculated using the highest three of the last four consecutive 13-week periods before the injury. For example, if a worker earned $900 per week before the injury and can now earn $500 per week, the difference of $400 yields approximately $267 per week in partial disability benefits. These payments are made in addition to what the worker earns after returning to employment.

Attorney Kelly emphasizes that Pennsylvania law caps partial disability benefits at 500 weeks under Section 306(b). However, these weeks do not need to be consecutive, and weeks during which benefits are suspended do not count toward the total. If a worker initially receives total disability benefits and later transitions to partial disability, the weeks of total disability are counted separately. "The distinction between total and partial disability is significant," Kelly advises, "because total disability has no set week cap while partial disability is limited to 500 weeks."

Earning power is a central concept in these cases. Under Section 306(b)(2), earning power is based on the work an injured employee is capable of performing, considering residual productive skill, education, age, and work experience. Insurance companies frequently hire vocational experts to conduct labor market surveys, identifying jobs the worker could theoretically perform given medical restrictions. Workers have the right to challenge these earning power determinations before a Workers' Compensation Judge through the Workers' Compensation Office of Adjudication.

Joseph A. George of the firm notes that employers and insurers have several methods for reducing or suspending partial disability benefits. Modification petitions based on earning power, suspension petitions when a worker returns to full wages, and Impairment Rating Evaluations can all affect benefit status. After 104 weeks of total disability, the insurer may request an IRE, and if the evaluation finds less than 35 percent whole-body impairment, benefits may be changed to partial in character. "Workers should also be aware that they must return verification forms sent by the insurer within 30 days," he notes, "or benefits may be suspended."

Reporting a workplace injury promptly is essential for protecting partial disability claims. Under Section 311 of the Act, notice must be given within 120 days, but reporting within 21 days allows for retroactive benefits to the date of injury. Wage-loss compensation involves a waiting period, with benefits becoming payable on the eighth day of disability and retroactive payment for the first seven days once disability reaches 14 days.

For those dealing with reduced earning capacity after a workplace injury, consulting with an experienced workers' compensation attorney may help protect the right to fair benefits.

About Luxenberg Garbett Kelly & George P.C.:

Luxenberg Garbett Kelly & George P.C. is a New Castle-based law firm dedicated to workers' compensation and personal injury representation. Led by attorneys Lawrence M. Kelly and Joseph A. George, the firm has offices in New Castle at 315 North Mercer Street, with additional locations in Pittsburgh, Butler, Cranberry Township, Beaver Falls, and Ellwood City. For consultations, call (724) 658-8535.

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Email: lmkelly@lgkg.com

Website: https://www.lgkg.com/

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Address:315 N Mercer St
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