NJ and PA Workers' Compensation Benefits for 2026

Workers' Compensation Alert
Sandra L. Niemotka
1.9.26

Workers' compensation benefits in New Jersey and Pennsylvania are calculated using a statewide average weekly wage as determined by their departments of labor every year. The year of the worker's injury determines the rates that apply.

In New Jersey, a worker's wage loss benefits are based on 70% of his average earnings. The new maximum rate is $1,598.66 per week, and there is a minimum rate of $320.00 per week. NJSA 34:15-12(a) and (b).

New Jersey also has permanency benefits that are capped at 70% of the worker's average earnings or the maximum rate, whichever is less. Benefits are payable based on the extent of the permanent disability. Other than the 70% cap, rates are not calculated using the worker's earnings. There is a minimum rate of $35.00 per week. The rates are located on the annual schedule of disabilities NJSA 34:15-12(c).

In Pennsylvania, wage loss benefits are generally 66 2/3% of the worker's average earnings, subject to the new maximum rate of $1,394.00 per week. If the worker's earnings are $774.43 per week or less, the rate is 90% of that amount. If the earnings fall on or between $1,045.50 and $774.44 per week, there is a flat rate of $697.00 per week. The Pennsylvania schedule is summarized in blocks. Section 105.1 of the Act 77 PS 525.1.

The increase in rates from last year is 3.5%, and that also gets applied to medical benefits in Pennsylvania.

White and Williams will have a limited supply of physical rate cards for Pennsylvania beginning in February 2026. If interested, please make a request here and you will be added to our rate card distribution list.

For questions or further information, please contact Sandra L. Niemotka (niemotkas@whiteandwilliams.com or 215.864.6338).

This correspondence should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only and you are urged to consult a lawyer concerning your own situation and legal questions.

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