Should You Be Paid Overtime If You Work 40 Hours During Workers Compensation Restrictions?

Should You Be Paid Overtime While Working 40 Hour Weeks During Workers’ Compensation restrictions?

Talk with our Workers Compensation law firm for free when you are unsure of your rights under Workers Comp in Pennsylvania.

Ask us your questions about going back to work while you are still on Pennsylvania Workers’ Compensation. 

I’m working 40 hours while on Workers’ Comp, but I’m not getting overtime. Does Workers Compensation owe me money?

So, you have been injured on the job and you are actively treating them with your companies Workers’ Compensation doctor who has you on work restrictions. Your job is accommodating those restrictions (if not, then you should not be working). Your co-workers are working the usual overtime but due to your restrictions, you are unable. You’ve called the adjustor, but she is either not calling you back or has a reason why you are not owed more money. Most times we encounter this situation with our clients, they are owed money. However, the reason is not because your coworkers are working overtime, but because of what your average weekly wage is and the fact that you are not earning it while on restrictions.

Your average weekly wage is the number derived at the time of your injury. It is a mathematical calculation with legal implications. If you are a long-time employee, your AWW is calculated by looking back the entire year of earnings before your injury and dividing the year into 4 quarters, dropping the lowest quarter and averaging the weekly wages of the three remaining quarters. Once we know your AWW (do not trust that adjuster to do that simple math, they will error on their side, not yours), then we can determine if you are owed anything.

If you are working on restrictions and not making your AWW, then you are owed 2/3 of the difference between what you are earning and your AWW. The operative legal document in your case should reflect that you are sustaining wage loss. If it does not, then the law does not recognize your injury is causing wage loss, and a petition needs to be filed with a judge to have the legal status of your claim accurately reflect the situation you are experiencing.

If you were injured on the job and you are no longer working overtime, you may be owed money. RG Injury Law can help and the cost is contingent upon us having a successful result in your case. You have no risk to reach out and talk with our lawyers. We do not get paid unless we get more money for you.

Contact Attorney Bill Gregory, recognized as one of the top injury and Workers’ Compensation lawyers in Pennsylvania who knows how to help victims of workplace injuries and their families after a work-related disability, injury, illness, or death has impacted your life. Call us for a no-pressure, Workers’ Compensation benefits consultation at 717.656.5000.

When you think you need a high-powered Workers Compensation attorney in Philadelphia to win your Workers’ Compensation case in Pennsylvania, you can be confident that RG Injury Law’s winning record is the result of personalized attention and communication with clients, thorough knowledge of Workers’ Compensation law in Pennsylvania, former insurance insider’s experience. While we call Lancaster County, Pennsylvania, our home, our personal injury law firm fights for clients with injuries who need of personal injury lawyers, and/or Workers’ Compensation lawyers throughout the mid-Atlantic region from offices in Lancaster County (Lancaster City office, Rohrerstown, Neffsville – Lititz, Columbia, and Leola) that include service in Harrisburg, Hershey, Middletown, Annville, Mt. Gretna, Elizabethtown, Columbia PA, Lancaster City, Neffsville, Hempfield Township, Manheim Borough, Manor Township, Manheim Township, Gap, Ephrata, Lititz, Leola, Mt. Joy, Marietta, Akron, Denver, Millersville, Willow Street, Strasburg, New Holland, Paradise, Refton, Quarryville, Reamstown, West Chester, Coatesville, Exton, King of Prussia, and Malvern. RG Injury Law also fights for people with workplace injuries in the counties of Lebanon, Philadelphia, Chester, York, Dauphin, Berks, and Montgomery.

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For the calendar year 2022, Lancaster County’s three Judges received 1494 assignments for petitions referring to injured Pennsylvania workers.  This was an increase over the prior year by 150 assignments.  An assignment is when someone (injured worker, Claimant attorney, Insurance attorney or adjuster) files a petition in WCAIS (Pennsylvania’s automated system for work injuries).  The […]

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Speak both Spanish and English

★★★★★ Very nice and professionals people and very responsible. They have people who speak Spanish and English.

Review by: Daniel Luciano  Reviewing: RG Injury Law   Date published: 4/2020   Rating: 5 / 5 stars

Call 717.656.5000

Speak both Spanish and English

★★★★★ Very nice and professionals people and very responsible. They have people who speak Spanish and English.

Review by: Daniel Luciano  Reviewing: RG Injury Law   Date published: 4/2020   Rating: 5 / 5 stars


RG Injury Law Resource Center

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