New Castle Workers' Compensation Attorney Explains Partial Disability Benefits

Lawrence M. Kelly of Luxenberg Garbett Kelly & George P.C. outlines how partial disability benefits are calculated and what limits apply under Pennsylvania law.

Published on Mar. 10, 2026

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New Castle workers' compensation attorney Lawrence M. Kelly explains that injured workers in Pennsylvania who return to work at reduced capacity or lower wages may be entitled to partial disability benefits under Section 306(b) of the Workers' Compensation Act. He discusses how these benefits are calculated, the 500-week cap, and how workers can protect their claims.

Why it matters

Partial disability benefits are an important part of the workers' compensation system in Pennsylvania, helping to bridge the gap between what an employee earned before an injury and what they can earn afterward. Understanding the rules and limits around these benefits is crucial for injured workers seeking to protect their rights and financial security.

The details

According to Kelly, partial disability in Pennsylvania refers to a situation where an injured worker can still perform some type of work but cannot earn the same wages as before the injury. The compensation rate equals two-thirds of the difference between the worker's pre-injury average weekly wage and post-injury earning power. Earning power is based on the work the injured employee is capable of performing, considering factors like residual skills, education, age, and work experience. Employers and insurers have methods to reduce or suspend these benefits, such as modification petitions, suspension petitions, and Impairment Rating Evaluations.

  • The average weekly wage is calculated using the highest three of the last four consecutive 13-week periods before the injury.
  • After 104 weeks of total disability, the insurer may request an Impairment Rating Evaluation, and if the evaluation finds less than 35 percent whole-body impairment, benefits may be changed to partial in character.
  • Workers must return verification forms sent by the insurer within 30 days, or benefits may be suspended.

The players

Lawrence M. Kelly

A New Castle workers' compensation attorney at Luxenberg Garbett Kelly & George P.C. who specializes in explaining partial disability benefits under Pennsylvania law.

Joseph A. George

An attorney at Luxenberg Garbett Kelly & George P.C. who notes that employers and insurers have several methods for reducing or suspending partial disability benefits.

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What they’re saying

“The benefits are designed to bridge the gap between what an employee earned before the injury and what they can earn afterward.”

— Lawrence M. Kelly, New Castle workers' compensation attorney (abnewswire.com)

“The distinction between total and partial disability is significant, because total disability has no set week cap while partial disability is limited to 500 weeks.”

— Lawrence M. Kelly, New Castle workers' compensation attorney (abnewswire.com)

“Workers should also be aware that they must return verification forms sent by the insurer within 30 days, or benefits may be suspended.”

— Joseph A. George, Attorney (abnewswire.com)

What’s next

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The takeaway

This case highlights growing concerns in the community about repeat offenders released on bail, raising questions about bail reform, public safety on SF streets, and if any special laws to govern autonomous vehicles in residential and commercial areas.