WORKERS’ COMPENSATION ALERT
The Department of Labor & Industry has determined the statewide average weekly wage for injuries occurring on and after Jan. 1, 2022, shall be $1,205.00 per week. For purposes of calculating the update to payments for medical treatment rendered on and after Jan. 1, 2022, the percentage increase in the Statewide Average Weekly Wage is 6.6 percent.
Under the 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 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 maximum weekly compensation rate for calendar year 2022 is $1,205.00. The second block of the compensation schedule 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 $1,807.50 and $903.76. The third block reflects a weekly compensation rate of $602.50 if the employee’s average weekly wage is between $903.75 and $669.44.The last block is 90 percent of the employee’s average weekly wage if his/her average weekly wage is $669.43 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. Zach has been appointed to the following American Bar Association Tort Trial and Insurance Practice (TIPS) leadership positions: Vice-Chair of the Litigation and Trial Practice Committee; Vice-Chair of the Appellate Advocacy Committee; member of the Ethics and Professionalism Standing Committee; and member of the CLE Board Committee. He is the Past Chair of the American Bar Association’s Tort Trial and Insurance Practice (TIPS) Workers’ Compensation and Employers’ Liability Law Committee from 2018-2019. He served as Vice-Chair of this committee for 2015-2016, 2016-2017 and 2017-2018. In addition, Zach served 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 eighth consecutive year in 2020. He has been selected as a 2021 Pennsylvania Super Lawyer by Super Lawyers. He was selected as a Pennsylvania Rising Star by Super Lawyers from 2010 to 2014. He was selected as an International Advisory Experts (IAE) Award recipient in 2019 for his accomplishments as a workers’ compensation attorney in Pennsylvania. In addition, he has been selected as a Fellow of the College of Workers’ Compensation Lawyers Class of 2020.
Zach can be reached directly at: (215) 575-4340 • email@example.com