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What Are Specific Loss Benefits for a Permanent Injury Under Pennsylvania Workers' Comp? - Luxenberg Garbett Kelly & George P.C. · BSPE Legal Marketing Podcast

• 0:00
  What Are Specific Loss Benefits for a Permanent Injury Under Pennsylvania Workers' Comp?
• 0:05
  When a workplace injury leaves a Pennsylvania worker with a permanent loss, the state's workers' compensation system offers a distinct category of benefits designed specifically for those lasting consequences.
• 0:18
  Under Section 306(c) of the Pennsylvania Workers' Compensation Act, specific loss benefits apply to permanent loss or loss of use of scheduled body parts, permanent loss of sight or hearing, and serious and permanent disfigurement of the head, face, or neck.
• 0:35
  What makes specific loss benefits fundamentally different from wage-loss benefits is that a scheduled award does not depend on whether the injured worker has actually lost earning capacity.
• 0:46
  A machinist who loses an index finger, returns to full-duty work, and earns the same wage as before can still receive the scheduled award under Pennsylvania law.
• 0:56
  Pennsylvania's schedule assigns a specific number of weeks of compensation to each qualifying loss, ranging from 28 weeks for a little finger all the way to 410 weeks for an arm or leg.
• 1:09
  Loss of sight in one eye carries 275 weeks of compensation, while disfigurement of the head, face, or neck can be awarded up to 275 weeks depending on the severity.
• 1:20
  Hearing loss benefits are calculated differently, using a binaural impairment percentage multiplied by the applicable number of weeks, with a threshold requiring impairment greater than ten percent to qualify.
• 1:33
  A body part does not need to be amputated for Pennsylvania's schedule to apply, because permanent loss of use of an intact limb can also qualify under the 'all practical intents and purposes' standard.
• 1:45
  Under that standard, a Workers' Compensation Judge weighs medical evidence alongside the worker's testimony about remaining movement, strength, pain, and ability to perform ordinary daily activities.
• 1:59
  For amputations, the level of loss determines the schedule entry, so an amputation at the wrist is treated as loss of a hand at 335 weeks, while one at or above the elbow is treated as loss of an arm at 410 weeks.
• 2:12
  Partial losses of fingers, thumbs, and toes follow their own statutory rules, where loss of a substantial part of the first phalange of the finger can count as loss of half the finger under the schedule.
• 2:25
  A dedicated Pennsylvania workers' comp attorney can review the medical opinion and functional evidence to determine whether the record supports a permanent loss of use claim and identify the correct schedule classification.
• 2:37
  The lawyer handling your claim can also calculate the applicable healing period, which runs separately from the scheduled weeks and represents additional compensation during recovery.
• 2:48
  Luxenberg Garbett Kelly & George P.C. represents injured workers throughout New Castle, Lawrence County, and Western Pennsylvania, and the law firm's attorneys assist with documenting permanent injuries, presenting specific loss claims, and responding to disputes.
• 3:05
  If you or someone you know is navigating a specific loss claim, contact the law firm's attorney team by calling Luxenberg Garbett Kelly & George P.C. at 724, 658, 8535, located at 315 N Mercer St, New Castle, PA 16101, United States, to schedule a consultation today.