What Is Workers’ Compensation in Pennsylvania?

Pennsylvania workers’ compensation is a statutory system that can provide medical and wage-loss benefits for employees who suffer qualifying work-related injuries or occupational diseases. Most claims do not require the employee to prove that the employer was negligent, but coverage, employment status and whether an injury is work-related can still be disputed.

Who Is Covered by Pennsylvania Workers’ Compensation?

Most Pennsylvania employers are required to maintain workers’ compensation coverage, although statutory exceptions exist. Questions can arise about employee versus independent-contractor status, statutory employment, out-of-state injuries and other coverage issues. The facts and the Pennsylvania Workers’ Compensation Act determine whether a particular worker is covered.

What Injuries Can Qualify?

A compensable injury is not limited to a sudden accident. Depending on the evidence, claims can involve traumatic injuries, repetitive-use conditions, occupational diseases and aggravations of preexisting conditions. The employee generally must establish the required connection between the condition and employment.

What Benefits May Be Available?

• Medical benefits: reasonable and necessary treatment related to the accepted work injury, subject to Pennsylvania workers’ compensation rules.
• Wage-loss benefits: benefits may be available when a work injury causes a loss of earning power.
• Specific-loss benefits: Pennsylvania law provides scheduled benefits for certain permanent losses or loss of use.
• Disfigurement benefits: compensation may be available for qualifying serious and permanent disfigurement of the head, face or neck.
• Death benefits: qualifying dependents may have rights when a work injury causes an employee’s death.

Current information about Pennsylvania workers’ compensation is available from the Pennsylvania Department of Labor & Industry.

How Quickly Should a Work Injury Be Reported?

Report a work injury to the employer as promptly as possible. Pennsylvania law contains notice requirements, including a general 120-day outside period in many injury cases, but waiting can affect when benefits begin and can create factual disputes. Occupational disease and other circumstances can involve different timing issues.

What Happens If the Claim Is Denied?

A denial does not necessarily end a workers’ compensation claim. Depending on the issue and applicable deadlines, a worker may file a petition with the Pennsylvania Bureau of Workers’ Compensation and present medical, employment and other evidence before a workers’ compensation judge.

Can I Sue My Employer for a Work Injury?

The Workers’ Compensation Act generally provides the exclusive remedy against an employer for covered workplace injuries, subject to statutory exceptions. A separate third-party personal injury claim may sometimes exist when someone other than the employer or a protected co-employee caused the injury.

What Should I Do After a Work Injury?

1. Report the injury promptly and accurately.
2. Obtain appropriate medical treatment.
3. Keep copies of incident reports, work restrictions and medical records.
4. Track missed work and changes in earnings.
5. Do not assume a denial or termination notice is legally correct without reviewing it.
6. Pay attention to all petition, hearing and appeal deadlines.

Frequently Asked Questions

Do I have to prove my employer caused the accident?

Workers’ compensation is generally a no-fault system, so ordinary negligence is not usually the central issue. The worker still must establish the elements required for a compensable claim.

Can workers’ compensation cover a repetitive injury?

Potentially. Conditions caused or aggravated by repetitive work activity may qualify when the medical and factual evidence establishes the required work relationship.

Can I have both workers’ compensation and a personal injury claim?

Sometimes. A third-party claim may exist when a person or company other than the employer is legally responsible. Coordination between the claims can involve liens and other issues. For broader injury-claim guidance, see ZwickLaw’s guide to handling a Pennsylvania personal injury claim.

Talk with a Pennsylvania Workers’ Compensation Attorney

Learn more about ZwickLaw’s workers’ compensation practice, read our workers’ compensation claim tips, or learn about Matthew R. Zwick. Call (814) 371-6400 or email Matt to request a consultation.

This article provides general information and is not legal advice. Workers’ compensation coverage, deadlines and benefits depend on current law and individual facts.