Pennsylvania workers' compensation is primarily based on the loss of wages, not the degree of impairment. There is something for loss of use, called "specific loss," and this requires a complete loss of use of the body part at issue for all practical intents and purposes. The elbow is not specifically listed, but an arm is "worth" 410 weeks, plus a 20 week healing period (again, this would be if the arm was of no use, as if it was amputated).
That;s a very broad questions. An experienced workers compensation attorney would be your best guide. Depends on what the injury is, the extent of the injury, and the resultant disability from the injury. It is very fact and medical sensitive question. Whether you are entitled to regular wage loss benefits or potential loss of use is a very complex issue. My advice --- contact an experienced workers compensation attorney. If you have one, I suggest you get set up for an office visit to chat with him/her.
Thank you for your question. Unfortunately, there is no way to answer it without more information, like the nature of the elbow injury and the extent and duration of any disability you may have. Moreover, a workers' compensation case is not like a personal injury matter where it as a "value" so to speak. You should consult with a workers' compensation lawyer without delay.
I am an attorney, but do not represent you. This communication is not intended as legal advice, and no attorney client relationship results. Please consult your own attorney for legal advice.
Pennsylvania is a "wage loss" state and as a result, most Workers Compensation Claims are based upon loss of earnings. If disabled as a result of an injury to your elbow, and you miss more than one week from work, you would be eligible for wage loss benefits. Typically, an injured worker receives two thirds of their pre-injury Average Weekly Wage, but as usual, there are exceptions to every rule.
If you are not suffering any wage loss as result of your elbow injury, you may still be entitled to medical benefits, or in the instance of a very severe elbow injury that would result in your "loss of use of your arm for all practical intents and purposes, you may be eligible for "specific loss benefits as noted by one other responder.
It is my recommendation that you contact an Attorney who is a Certified Specialist in Workers Compensation to request an initial consultation in order to discuss your rights and remedies. The initial consultation will be free of charge and most Attorneys except Workers Compensation Claims on a Contingent Fee Basis.
This answer to your legal inquiry is based upon the limited facts stated in your question. Accurate legal advice is based upon an exchange between a lawyer and a client. The lawyer can then ask about other facts that may change or confirm the answer. Without that exchange, this reply should be considered limited in value. You should rely on this answer only at your own risk. Direct consultation with a lawyer is always recommended. Answering your question does not create an attorney-client relationship. The answering attorney is licensed in Pennsylvania and all answers are given pursuant to Pennsylvania law, unless otherwise indicated. If you have further questions regarding your issue, or my answer you may contact me to discuss this issue further by calling 215-496-9607 or sending an email to [email protected]
Pennsylvania does not have a formula to determine the value of a specific case. There are many factors that go into determining the value of a specific case. The short answer is that your case is worth as much as you can convince the carrier to pay. Settlement is voluntary, so you cannot force the carrier to settle. You appear to have an attorney. Your attorney will be able to evaluate the many factors involved in your case and provide you with an estimate as to the value of your case.
Timothy D. Belt, Esquire Certified as a specialist in the practice of workers’ compensation law by the Pennsylvania Bar Association’s Section on Workers’ Compensation Law as authorized by the Pennsylvania Supreme Court. DISCLAIMER: This post is intended as general information applicable only to the state of Pennsylvania. The information given is based strictly upon the facts provided. This post is not intended to create an attorney client relationship, or to provide any specific guarantee of confidentiality.
There is no clear cut answer to this. Workers' Compensation benefits are measured by days, weeks, months, or years of lost wages and payment for medical expenses. There is no pain and suffering. Certain injuries may qualify for specific loss benefits as well. You should contact a workers' compensation attorney to more fully discuss the nature of your potential claim.
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