Specific Loss Benefits in Pennsylvania Workers’ Comp Cases
There were almost 20,000 work-related hospitalizations and amputations reported to OSHA in 2022 and 2023. These severe and life-altering injuries come at astronomical costs for survivors and their families and can lead to years of financial, emotional and physical distress. While many of us think of workers’ compensation benefits solely as a type of reimbursement for medical costs or lost wages, there are actually mechanisms in place to compensate workers for certain permanent injuries.
These benefits – known as specific loss benefits — are meant to compensate accident victims for life-changing injuries like lost limbs and permanent disfigurement and can help offset some of the hidden costs associated with these losses. Here’s a quick overview of how specific loss benefits work in Pennsylvania and how an experienced workers’ compensation attorney can help you access the amount of financial support you need to move forward after a catastrophic workplace injury.
What are specific loss benefits?
Specific loss benefits are a type of workers’ compensation in Pennsylvania that is intended to support survivors of certain permanent, work-related injuries. Unlike traditional wage-loss benefits that focus on a survivor’s lost income, specific loss benefits compensate workers for irreversible injuries like the amputation of a limb, the loss of use of a limb, or permanent disfigurement.
Notably, eligibility for specific loss benefits isn’t contingent upon a survivor’s ability to work or the timeline within which they return to work full-time. Instead, specific loss benefits are awarded for a state-mandated period of time depending on the specific nature of the injury. That means that even if you returned to work full time and at full wages after suffering a permanent injury, you may still be eligible for specific loss benefits under Pennsylvania law.
What qualifies as a specific loss in Pennsylvania?
Pennsylvania law outlines a number of injuries that qualify for specific loss benefits under the workers’ compensation system. In accordance with the Pennsylvania Workers’ Compensation Act, eligible injuries may include:
- Loss of a hand
- Full or partial loss of a thumb
- Full or partial loss of a finger or fingers
- Loss of a forearm
- Loss of an arm
- Full or partial loss of a toe or toes
- Loss of a foot
- Loss of a lower-leg
- Loss of a leg
- Loss of an eye
- Permanent hearing loss
- Serious and permanent disfigurement of the head, neck or face
Some claimants may be able to access specific loss benefits if they have lost the use of certain body parts, even if the part in question was not amputated. If a worker suffers any of the injuries outlined above, they may be entitled not only to specific loss benefits for the legally-mandated period of time, but they may also be entitled to compensation during their “healing period.”
If you suffered a permanent injury on the job, it’s important that you consult with an experienced workers’ compensation attorney as soon as possible to ensure you receive the full amount of benefits you are owed. Your lawyer can help you determine whether your injury qualifies for specific loss benefits and any additional compensation during your initial healing period.
How do they calculate specific loss benefits?
Benefits for specific loss cases are calculated using a pre-determined schedule set forth in the Pennsylvania Workers’ Compensation Act. This formulaic approach takes some of the guess work out of calculating benefits and helps claimants gain a clear and proactive understanding of the kind of compensation they can expect after suffering a permanent loss.
The schedule outlined in state law is fairly detailed and highly specific, which is why it’s always wise to speak with an attorney rather than attempting to sift through complex legal statutes on your own. Generally speaking, however, you can expect the schedule of compensation to look 66.66% of an employees wages for periods like:
- 335 weeks for the loss of a hand
- 250 weeks for the loss of a foot
- 410 weeks for the loss of a leg
- 275 weeks for the loss of an eye
- 275 weeks for permanent scarring or disfigurement of the head, face, or neck
Some injuries are subject to more variable rates of compensation. For example, the duration of benefits for work-related hearing loss calculated based on the actual level of hearing loss suffered by the claimant.
As we mentioned above, specific loss benefit recipients may also qualify for benefits during an established healing period. These benefits are paid in addition to the scheduled awards outlined above and are intended to help workers focus on their recovery efforts prior to returning to work. These payment amounts also depend on the specific nature of the worker’s injury and are subject to strict time limits under Pennsylvania law. However, healing period benefits generally last only while the worker remains totally disabled before the specific loss award begins.
Can I collect both specific loss and wage-loss benefits?
Simply put – yes. Specific loss benefits are paid out regardless of whether (or when) you return to work and are meant to compensate you for the long-term ramifications of a life-altering injury. Wage-loss benefits, on the other hand, are meant to compensate you for missed shifts or reduced earnings after your injury.
When you return to work or your healing period ends, you can still collect specific loss benefits. In Pennsylvania, workers may receive wage-loss benefits during recovery and then receive specific loss benefits for the permanent loss, but the interaction depends on the type of claim and timing. One may apply during recovery, and the other compensates the permanent loss under the schedule.
If your employer or their insurance company attempts to dispute your eligibility for specific loss benefits or wants to keep you from collecting both forms of compensation, you should partner with a Pittsburgh workers compensation lawyer who can help you advocate for your rights under Pennsylvania law. Clear documentation of your injuries, statements from medical professionals about your prognosis and other workplace records can all help you build a strong case for compensation.
Final thoughts
Specific loss benefits can prove invaluable for survivors of permanent injuries like amputations and disfigurement. These benefits exist to provide workers with enhanced protection against the life-altering impact of a catastrophic injury and can play a central role in alleviating some of the strain commonly associated with these losses.
At Carmody and Ging, Injury & Accident Lawyers we know exactly what it takes to help injured workers stand up for their rights and fight for the compensation they need to take back control after a permanent job-related injury. Our experienced, local team works ‘round the clock to help members of the Pittsburgh community access the support they need without falling victim to common insurance defense and delay tactics.
If you or someone you know has suffered a catastrophic injury while on the job, don’t wait another moment to get professionals on your side. Give us a call today or fill out our online contact form to schedule a free consultation, and let’s discuss how we can help you access the compensation you deserve under Pennsylvania law.