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PA Workers’ Comp News Alert: 2018 Statewide Average Weekly Wage Announced

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The Pennsylvania Department of Labor & Industry has determined that the Statewide Average Weekly Wage, or the maximum compensation payable under the PA Workers' Compensation Act, shall be $1,025.00 per week for injuries occurring on and after January 1, 2018.

Under the PA Workers' Compensation Act, injured workers are entitled to indemnity (wage-loss) benefits equal to two-thirds of their weekly wage for a work-related injury. However, there are minimum and maximum adjustments provided in the PA WC Act, and the benefit rate is set using the annual maximum in place at the time of injury. The maximum is based on the Department of Labor and Industry's calculation of the statewide average weekly wage. The following schedule provides the weekly rates for calendar year 2018.

•              Above $1,537.50 = $1,025.00 (2018 Maximum)
•              $1,537.50 - $768.76 = 66 2/3%
•              $768.75 - $569.44 = $512.50
•              $569.43 or less = 90%

The maximum weekly compensation rate for calendar year 2018 is $1,025.00.

The second block represents the weekly compensation rate to be 66 2/3 percent of the employee's average weekly wage if the average weekly wage falls between $1,537.50 and $768.76.

The third block reflects a weekly compensation rate of $512.50 if the employee's average weekly wage is between $768.75 and $569.44.

The last block is 90 percent of the employee's average weekly wage if his/her average weekly wage is $569.43 or less.

Zachary M. Rubinich is a partner in our Philadelphia office. He focuses his practice on the defense of insurance carriers, self-insured entities and third-party administrators against workers’ compensation claims in Pennsylvania. Based on his extensive experience, the Pennsylvania Bar Association Workers’ Compensation Law Section has certified him as Specialist in the practice of workers’ compensation law. Zach has handled all aspects of litigation before workers’ compensation judges, the Workers’ Compensation Appeal Board, the Commonwealth Court and the Pennsylvania Supreme Court.  He routinely counsels employers, insurance carriers and third party administrators on claims management, workplace safety, return-to-work programs, employment practices and risk management. Mr. Rubinich has been appointed the Chair-Elect of the American Bar Association’s Tort Trial and Insurance Practice (TIPS) Workers’ Compensation and Employers’ Liability Law Committee for 2018-2019. He is currently Vice-Chair of the ABA TIPS Workers’ Compensation and Employers’ Liability Law Committee for 2017-2018. He also served as Vice-Chair in 2015-2016 and 2016-2017. In addition, Zach has been appointed as Vice-Chair of the 2017-2018 American Bar Association Standing Committee for Diversity and Inclusion.  Zach has been rated AV Preeminent by Martindale-Hubbell for the sixth consecutive year in 2018. He has been selected as a Pennsylvania Rising Star by Super Lawyers from 2010 to 2014.

Zach can be reached directly at: (215) 575-4340 • zrubinich@rawle.com