Legal Question in Workers Comp in Pennsylvania

wage computation for comp pay...

I worked ''per diem'' for a company for 3/4 of the year, making apx $3,500 per quarter. During the last quarter I changed back to full time status 40hr/wk at $16,000 per quarter.

I was injured on the job, but When computing my ''comp pay'' they are using the last 3 quarters averaged, which obviously, is no where near my actual pay rate.

Is there any recourse? or do they have to only include my full time wages, to give me a fair comp pay.

I'm listed as making about $500 / wk less than my actual pay and now that this is my only job (as opposed to a second job when I was per diem), and injured, I can't really make up the difference easily.

Thank you


Asked on 4/17/07, 3:02 pm

1 Answer from Attorneys
John Gibson John W. Gibson, Esquire

Re: wage computation for comp pay...

There is a formula that the employer must follow to determine your comp rate. If you had more than one employer at the time of injury, that is also reported. Basically, the formula is figured from the three highest of the four thirteen week periods preceding the injury. You should contact the insurance company to let them know of your other job so that they may calculate in those earnings.

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Answered on 4/18/07, 10:31 am


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