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If you’ve been hurt on the job in New Castle or anywhere in Lawrence County, workers’ compensation benefits can provide critical financial support while you recover.
Lawrence Kelly and Joseph George of Luxenberg Garbett Kelly & George, P.C., have represented injured workers throughout Western Pennsylvania for decades. The firm handles claims before Pennsylvania workers’ compensation judges and, when needed, on appeal to the Workers’ Compensation Appeal Board. Contact our New Castle workers’ compensation attorneys to discuss your case.
This guide explains what workers’ compensation benefits cover in Pennsylvania, how wage loss payments are calculated, how the claims process works, and what options you have if your claim is denied. You will also learn about specific loss benefits for permanent injuries, death benefits for surviving family members, and vocational rehabilitation when you cannot return to your previous job. Call Luxenberg Garbett Kelly & George, P.C. at (724) 658-8535 to speak with our Pennsylvania personal injury lawyers about your case.
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Workers’ compensation in Pennsylvania is a no-fault insurance system that provides benefits to employees injured on the job. This means that if your work causes an injury, illness, or disease, you may be entitled to benefits even if no one else was ‘at fault.’ However, benefits may be denied in certain situations, such as intentionally self-inflicted injuries, illegal drug use/violation of law, or intoxication.
The program covers wage loss benefits, medical expenses, specific loss benefits for permanent injuries, mileage for certain medical travel, vocational rehabilitation, death benefits, and funeral expenses. However, workers’ compensation does not provide compensation for pain and suffering. Your benefits are limited to economic losses and specific statutory awards.
Contact Lawrence Kelly of Luxenberg Garbett Kelly & George, P.C. if you have questions about what benefits you can receive. Call our New Castle office at (724) 658-8535.
Wage-loss benefits replace a portion of your income while you are unable to work due to a workplace injury or illness. Under the Pennsylvania Workers’ Compensation Act Section 306, you receive two-thirds of your average weekly wage. The state sets both minimum and maximum benefit rates that adjust annually. The Pennsylvania Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on or after January 1, 2026, to be $1,394.00 per week
For 2026, here is how wage loss benefits are calculated:
| Block | Average Weekly Wage (AWW) Range | Weekly Benefit Calculation | 2026 Weekly Benefit Rate |
|---|---|---|---|
| Block 1 | $2,091.01 or more | Capped at Maximum | $1,394.00 (Max) |
| Block 2 | $2,091.00 to $1,045.51 | 66 2/3% of AWW | $1,394.00 down to $697.01 |
| Block 3 | $1,045.50 to $774.44 | Fixed Flat Rate | $697.00 |
| Block 4 | $774.43 or less | 90% of AWW | $696.99 or less |
To calculate your average weekly wage correctly, include gross wages, federally reported gratuities, prorated annual vacation pay, bonuses, and anything your employer pays for weekly board or lodging. Your employer will send you a Statement of Wages form when your benefits begin. Review this form carefully with legal counsel to confirm accuracy. An error in wage calculation can cost you thousands of dollars over the life of your claim.
You will not receive wage loss benefits for the first seven days you are off work unless your disability lasts longer than 14 days. Once you have been disabled for 14 days, you will be paid retroactively for the first seven days.
Benefits are payable beginning on the eighth day after your injury. The seven-day waiting period includes weekends and holidays. If disability lasts 14 days or more, the first seven days are paid retroactively. To ensure you receive retroactive benefits for the first seven days, you must notify your employer of your work-related injury within 21 days of the date of injury.
Key Takeaway: Pennsylvania workers’ compensation pays two-thirds of your average weekly wage, subject to annual minimum and maximum limits set by the state.
Joseph George can review your Statement of Wages to verify that your employer calculated your benefits correctly. Contact Luxenberg Garbett Kelly & George, P.C. to schedule a consultation.
Highly recommended. Gianna Kelly of Luxenberg Garbett Kelly & George P.C.assisted me after I suffered an accident in a retail outlet. The professional and sensible advice was outs…
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Attorney Joe George and Attorney Sam Mack Honesty. Integrity. Transparency. Professional. Personable. I experienced this and so much more when working with Attorney George and Att…
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I hired Atty Larry Kelly to help me with a workers comp case and let me tell you that he MORE than helped. He knows the law and knew of a precedent set a few years back and was ab…
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Pennsylvania workers’ compensation classifies disability as either total or partial. Total disability means you cannot work at any job due to your injury. Partial disability means you can no longer perform your previous job but can work in a less demanding position.
When you are totally disabled, you receive two-thirds of your average weekly wage. Total disability benefits continue without a time limit unless your status changes. After you have received 104 weeks of total disability benefits, your employer’s insurance company may request that you undergo an Impairment Rating Evaluation (IRE). The insurer has 60 days after the expiration of the 104 weeks to make this request, but the IRE is not automatic
If the IRE physician finds you are 35 percent or more impaired, you generally remain in total disability status, unless your status later changes or improves to less than 35% impaired. If the IRE physician finds you are less than 35 percent impaired, you are reclassified as partially disabled. Your benefit rate remains the same, but partial disability wage-loss benefits are limited to 500 weeks.
The Pennsylvania Supreme Court previously ruled IREs unconstitutional, but the legislature restored them in 2018 as part of a compromise reform package. Because the insurer selects the IRE physician, it’s important to review the report carefully and challenge it when appropriate.
Partial disability benefits are calculated by taking the difference between your pre-injury wage and your current earnings, then paying you two-thirds of that difference. For example, if you earned $800 per week before your injury and now earn $500 per week in a light-duty position, you would receive two-thirds of $300, which equals $200 per week in partial disability benefits.
You can receive partial disability benefits for up to 500 weeks. These benefits continue until your doctor clears you to return to full-duty work, you reach the 500-week maximum, or you accept a final settlement.
Lawrence Kelly can explain how total and partial disability classifications affect your claim. Call Luxenberg Garbett Kelly & George, P.C. at (724) 658-8535.
Lawrence Kelly has represented injured workers in Pennsylvania for more than 40 years. He earned his J.D. cum laude from the University of Akron School of Law in 1983 and is admitted to practice in Pennsylvania, the U.S. District Court for the Western District of Pennsylvania, and the U.S. Court of Appeals for the Third Circuit. He is Board Certified as a Civil Trial Specialist by the National Board of Trial Advocacy.
Lawrence Kelly has been recognized as a Pennsylvania Super Lawyer annually since 2006 and was named to the Top 50 Pittsburgh Super Lawyers list from 2019 through 2024. He served as President of the Pennsylvania Association for Justice in 2024 and previously served as President of the Western Pennsylvania Trial Lawyers Association. His professional accomplishments include recognition as one of the Top 10 Personal Injury Attorneys in Pennsylvania by the American Institute of Personal Injury Attorneys and selection as one of the Top 1% by the National Association of Distinguished Counsel.
Joseph George handles workers’ compensation claims, medical malpractice cases, and personal injury matters at Luxenberg Garbett Kelly & George. He earned his J.D. from Duquesne University School of Law in 1996 and his undergraduate degree from the University of Pittsburgh. He is admitted to practice in Pennsylvania and Ohio.
Joseph George has been named to Pennsylvania Super Lawyers annually from 2018 through 2025 and holds the highest Martindale-Hubbell AV Preeminent rating for professional excellence and ethical standards. He has been recognized as one of The National Trial Lawyers Top 100, named a Fellow of the American Bar Foundation since 2024, and designated as one of the Nation’s Top 1% by The National Association of Distinguished Counsel.
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My experience with LGKG was fantastic. I dealt with Larry Kelly and Sam Mack. They could not have been more helpful, professional and kind. They were very supportive the entire ti…
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We only work with clients and cases we truly believe in, we take your case because we genuinely believe in both you and your case’s importance.
Pennsylvania workers’ compensation covers all reasonable and necessary medical treatment related to your work injury. This includes emergency room care, hospital stays, surgery, physical therapy, prescription medications, medical equipment, and visits to specialists.
For the first 90 days, your employer may direct your medical care to physicians and facilities within their approved provider network, but only if the employer has:
After 90 days from your first visit to a panel provider, you have the right to treat with any physician you choose. Your employer cannot force you to continue treating with their designated providers beyond this 90-day period.
Medical expenses are paid directly by the insurance carrier. You should not receive medical bills for treatment related to your work injury. If you do receive bills, contact your workers’ compensation representative immediately. The insurance company may be attempting to shift costs to your personal health insurance or to you directly.
Workers’ compensation does not cover experimental treatments, treatments unrelated to your work injury, or medical care you obtain without authorization from the insurance carrier for non-emergency services. Always notify the insurance carrier before scheduling non-emergency procedures or seeing out-of-network specialists.
Joseph George of Luxenberg Garbett Kelly & George, P.C. can help you resolve disputes with insurance carriers over medical treatment. Contact our office in New Castle to discuss your medical care.
If your injury prevents you from returning to your previous job, you may be entitled to vocational rehabilitation services. Pennsylvania workers’ compensation covers the cost of retraining, job placement assistance, and vocational counseling to help you find suitable employment within your medical restrictions.
Vocational rehabilitation can include classroom training, on-the-job training, resume preparation, job search assistance, and career counseling. You continue receiving your wage loss benefits while participating in approved vocational rehabilitation programs.
However, insurance companies sometimes use vocational rehabilitation as a way to reduce or terminate benefits. If the insurance carrier forces you into a vocational rehabilitation program before you have reached Maximum Medical Improvement (MMI), or if they claim you are not cooperating with vocational services to justify cutting off benefits, contact legal counsel immediately.
You can accept or decline an offered job, but refusing work your employer claims is available within your restrictions can lead the insurer/employer to ask a workers’ compensation judge to reduce or stop wage-loss benefits.
Joseph George handles disputes involving vocational rehabilitation and can protect you from insurance company tactics designed to terminate your benefits prematurely. Call (724) 658-8535 to discuss your situation.
Our Family is Here to Help Yours
A workplace injury creates immediate financial pressure. Medical bills arrive while your paychecks stop. You worry about supporting your family and paying your mortgage. You need someone who understands the Pennsylvania workers’ compensation system and will advocate for your rights.
Lawrence Kelly and Joseph George of Luxenberg Garbett Kelly & George, P.C. handle workers’ compensation claims before the Pennsylvania Workers’ Compensation Board and understand how to build strong cases that protect injured workers. The firm represents clients throughout Lawrence County and has offices convenient to workers in New Castle and surrounding communities.
Call Luxenberg Garbett Kelly & George, P.C. at (724) 658-8535 for a consultation. Our office at 315 N Mercer St in New Castle serves injured workers throughout Western Pennsylvania, and we are available to answer your questions about wage loss benefits, medical coverage, and your rights under Pennsylvania law. Luxenberg Garbett Kelly & George, P.C. works to secure the full benefits you deserve while you focus on recovering from your injury.
You must notify your employer within 21 days of your injury to ensure you receive retroactive benefits for the first seven days of disability. Notice given more than 120 days from the date of injury may result in loss of workers’ compensation benefits unless the employer already had knowledge of the injury. You then have three years from the date of injury to file a Claim Petition with the Bureau of Workers’ Compensation if your claim is denied. However, you should report your injury and file your claim as soon as possible to avoid delays in receiving benefits.
No. Pennsylvania law prohibits employers from retaliating against employees for filing workers’ compensation claims. If your employer fires you, demotes you, or otherwise punishes you for claiming benefits, you may have a separate legal claim against your employer.
You have the right to appeal a denied claim by filing a Claim Petition with the Bureau of Workers’ Compensation. The petition triggers a formal hearing before a workers’ compensation judge. You can present medical evidence, witness testimony, and legal arguments supporting your claim. Most denied claims require legal representation to navigate the appeals process successfully.
Yes. You can receive both workers’ compensation benefits and Social Security Disability Insurance (SSDI) benefits for the same injury. However, your combined benefits cannot exceed 80% of your average current earnings. If the combined amount exceeds this threshold, your Social Security benefits will be reduced.
Total disability benefits continue without a time limit unless your status changes. After you have received 104 weeks of total disability benefits, your employer’s insurance company may request that you undergo an Impairment Rating Evaluation. If you are found to be less than 35% impaired, you convert to partial disability status and can receive benefits for up to 500 weeks total. If you are found 35% or more impaired, you receive total disability benefits for life.
Pennsylvania provides additional compensation if you suffer permanent loss of use of certain body parts or serious disfigurement of your face, head, or neck. Under the Pennsylvania Workers’ Compensation Act Section 306(c), specific loss benefits are paid based on a statutory schedule. These benefits are separate from wage loss benefits.
Under the Pennsylvania Workers’ Compensation Act Section 307, death benefits are calculated based on the deceased worker’s average weekly wage and the number of dependents.
Lawrence Kelly can help surviving family members understand their rights and secure the death benefits they are entitled to receive. Contact Luxenberg Garbett Kelly & George, P.C. if you have lost a loved one due to a workplace injury.
