When your paycheck stops and workers’ comp takes over, every dollar counts. Insurers often get the weekly rate wrong, and it’s almost never in your favor. Philly Injury Lawyer checks the math on every case, because a mistake of even a small amount a week adds up to thousands over the life of a claim.

Step 1: Your Average Weekly Wage

Everything starts with your average weekly wage, or AWW. Pennsylvania looks at your earnings in the year before your injury, broken into four 13-week periods, and averages your three highest periods.

Your AWW should include:

  • Regular pay
  • Overtime
  • Bonuses and commissions
  • Pay from a second job you had when you were hurt
  • Some employer-paid benefits, such as health insurance if your employer stops paying it

Missing overtime or a second job is the most common error we find.

Step 2: Your Compensation Rate

Your weekly check depends on where your AWW falls. For injuries in 2026:

Your average weekly wageYour weekly benefit
$774.43 or less90% of your AWW
$774.44 to $1,045.50$697.00
$1,045.51 to $2,091.00Two-thirds of your AWW
Over $2,091.00$1,394.00 (the maximum)

These amounts change every year. The state publishes them on its statewide average weekly wage page. The rate that applies is the one for the year you were hurt.

Partial Disability

If you go back to work earning less, you get two-thirds of the difference between your old AWW and your new earnings, up to the maximum, for up to 500 weeks.

Check Your Paperwork

Your Notice of Compensation Payable lists your AWW and rate. Compare it to your pay stubs. If it looks low, it may be. A judge can correct it, and the insurer may owe back pay.


Think Your Check Is Too Low? Call Us

Call (215) 735-4800 for a free check of your rate. We Win or It’s Free®.

Frequently Asked Questions

Does workers’ comp pay my full salary?

No. Most workers receive about two-thirds of their average weekly wage, and lower-wage workers can receive up to 90%. The amount is capped at the yearly maximum.

Does overtime count?

Yes. Overtime, bonuses and commissions you earned before the injury should be included in your average weekly wage.

Do I get paid for the first week?

Not at first. The first seven days aren’t paid unless you’re out for more than 14 days, in which case they’re paid too.

Pennsylvania Law in Plain English

Under the Workers’ Compensation Act, total disability benefits are generally two-thirds of your average weekly wage, with a floor and a cap tied to the statewide average weekly wage that the Department of Labor & Industry sets each year.

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OVER 50 MILLION DOLLARS CLAIMED FOR OUR CLIENTS

$

SEPTA bus accident case result: $3.2 million for multiple victims
Car accident case result: $1.8 million for neck and head injury
Mall slip and fall case result: $1.2 million for fractures and spine injury
Truck accident case result: $1.6 million for severe head trauma

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Injury Cases We Handle In Philadelphia

We handle the cases Philly sees every day—on the road, at work, in stores, on sidewalks, and in public spaces.

CAR ACCIDENTS

CAR ACCIDENTS

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WORKERS COMPENSATION

WORKERS COMP

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DOG BITE INJURIES

DOG BITE INJURIES

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SLIP AND FALL ACCIDENTS

SLIP AND FALL ACCIDENTS

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MEDICAL MALPRACTICE

MEDICAL MALPRACTICE

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TRUCK ACCIDENTS

TRUCK ACCIDENTS

Our Injury Lawyers are Ready to Start Your claim