First, the Pennsylvania Workers’ Compensation Act deals with injuries on the job. The Americans With Disabilities Act deals with disabilities whether work -related or not.
In Pennsylvania Workers’ Compensation, the term disability refers to a work injury plus wage loss. Under the ADA, disability signifies a mental or physical impairment that “substantially limits one or more of his or her major life activities” without regarding to economic loss.
Not everyone with a work injury will have a disability as defined by the ADA. In other words, the work injury may not be significant enough to “substantially limit a major life activity”.
Under the Pennsylvania Workers’ Comp Act, if an injured employee is disabled from his or her pre-injury job, they are entitled to two-thirds of their wage loss.
Under the ADA, if a person is “disabled”, the remedy is that the employer has to make “reasonable accommodations” which means a restructuring of the job by reallocating or reassigning marginal job functions, modifying work schedules, altering of the ergonomics of a work station, or possibly changing work equipment.
The two bodies of law converge in many more ways, but this is a basic overview.
(Note the ADA applies to private employers who employ fifteen or more employees, and to state and local government employers regardless of the number of employees).
For more info about the Americans With Disabilities Act and Pennsylvania Workers’ Compensation, call experienced Pennsylvania Work Place Injury Lawyer, Michael W. Cardamone at 215-206-9068 or email Michael@cardamonelaw.com
Work Comp Attorney Pennsylvania
If the Judge determines you are disabled from your pre injury job as a result of your work-related injury, then you will get 2/3 of your average weekly wage leading up to the date of injury. The insurer will prepare a Statement of Wages based on your actual earnings for the 52 weeks prior to the date of injury. The Statement will show your Average Weekly Wage and the Compensation Rate. The Compensation Rate is what you will get if you win, for each week you’re disabled due to the work injury.
If you were employed less than 52 weeks before the date of injury with the time of injury Employer, there are other methods of determining your average weekly wage and comp rate.
10% statutory interest is payable on back due payments unless otherwise forfeited.
For more info about your compensation rate or average weekly wage calculations in Pennsylvania Workers Comp case, call experienced Pennsylvania Workmens Comp Lawyer Michael W. Cardamone at 215-206-9068 or email Michael@cardamonelaw.com for a FREE consult 7 days a week.
Philadelphia Workmens Comp Lawyer
Yes, if your scar is on the head, face, or neck, and 1) permanent, 2) related to the work injury, 3), proper notice of the work injury was given, 4) the scar is unsightly, 5)the scar is not usually incident to the employment.
For more about scars and Pennsylvania Workers Compensation Law, call Michael W. Cardamone at 215-206-9068 or email him at Michael@cardamonelaw.com for a FREE consult 7 days a week.