Earning Loss One of Six Benefits for Work Injuries

Compensability for wage loss benefits under the Pennsylvania Workers’ Compensation Act is based on an injury that produces disability resulting in a loss of earning power. This idea goes beyond the mere idea of physical limitation of the body, but also includes medical conditions, age, mental outlook, employment background and experience and education when determining the wage loss.

The types of wage loss benefits are as follows:

a. Total disability. An employee is totally disabled if he or she is unable to perform the job held at the time of injury even if he or she is capable of performing some other type of employment. In those circumstances, the employer has the burden of proving that such other work is available to the injured worker.

b. Partial disability. Any disability that is less than total is partial measured by a loss of earning power. That can be determined by either actual return to modified employment or through an earning power assessment. In cases of earning power assessments, the employer bears the burden of proving that before a Workers’ Compensation Judge.