The 1996 amendments to Pennsylvania workers' compensation law provide for the reduction of an injured worker's weekly wage loss benefits if the injured worker receives severance payments, pension payments, or Social Security retirement benefits. Under Pennsylvania law there is no requirement that an injured worker be notified that the insurer will be entitled to reductions if he or she selects these benefits. However, the injured worker is required to report the receipt of any of these benefits to the insurance company. There are a number of legal challenges currently before Pennsylvania courts regarding the workers' compensation insurance companies' entitlement to take these offsets, and the law in this area is still changing. There are also some strategies that can be employed on behalf of injured workers to avoid or reduce the impact of these offsets. If you are receiving workers' compensation benefits and may in the future have the right to receive severance, pension or Social Security retirement, you should consult with our office immediately.

 

 

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