Frequently Asked Questions About Pennsylvania Workers’ Compensation

If you are injured at work, you should immediately report the injury to your supervisor, ask for a panel physician list, and seek medical treatment right away. It is also recommended that you get the advice of a lawyer

You must provide notice of a work injury to your employer within 120 days of the accident. However, it is always best to provide notice as soon as possible, as any delay could harm your case.

Initially, you are required to treat with one of the insurance company’s doctors from their approved list for the first 90 days. After 90 days, you are free to see any doctor you would like. If your claim is denied from the start, you can see any doctor you choose immediately.

Workers’ Compensation in Pennsylvania covers your lost wages and medical expenses related to the work injury. It is important to note that there are no benefits available for pain and suffering.

The amount you receive for Workers’ Compensation wage loss benefits depends directly on your pay history prior to the work injury, which is used to calculate your Average Weekly Wage.

For an injury that occurred in 2025:

*If your average gross wages per week are less than $748.32, you are entitled to 90% of your gross weekly wages.

*If your gross average wages per week are between $748.33 and $1,010.25 a week, you are entitled to $673.50.

*If your gross average wages per week are between $1,010.26 and $2,020.50, you are entitled to 66 2/3% of your gross wages.

*If your gross average pay per week is over $2,020.51, you are entitled to a maximum of $1,347.00 per week.

If your claim is denied, you should receive a Notice of Compensation Denial within 21 days of reporting the injury. You have the right to file a Claim Petition to have a judge grant you benefits. It is highly recommended that you contact a lawyer immediately if your claim is denied.

It is illegal for an employer to fire you for filing a Workers’ Compensation claim. However, Pennsylvania is an “at will” state, which means your employer could terminate you for other seemingly legitimate reasons, even if you were hurt at work.

You should contact a lawyer immediately. A Claim Petition can still be filed against your employer. Pennsylvania also has an Uninsured Employers Guaranty Fund that you may be able to seek benefits from.

A settlement in Workers’ Compensation is a buyout of your entitlement to wage loss and typically medical benefits, usually in the form of a lump sum payment. Once a case is settled and closed, it can never be reopened.

By law, the insurance company has 30 days to issue a settlement check. However, if you waive your right to appeal, you will typically receive your check in about two weeks.

No, Workers’ Compensation wage loss benefits are never taxable for the injured worker.

Ideally, you would settle your case when you have reached maximum medical improvement or are ready to return to work in some capacity. This is when you generally have the most leverage as an injured worker.

In Workers’ Compensation, fault generally only matters if you violated a direct work order. If you are injured because of your own mistake that does not violate an order, you are likely still eligible.

Under Pennsylvania law, an aggravation of a preexisting condition is still considered a work injury. If your work activities worsen a preexisting condition, you may be entitled to Workers’ Compensation benefits.

Unfortunately, in the vast majority of circumstances, you cannot sue your employer.  Your exclusive remedy against your employer is generally Workers’ Compensation.

The facts in this instance are crucial. If you return to work and are on modified duty because of your work injury, so long as you were not terminated for cause, you will be entitled to a reinstatement of your wage loss benefits. On the other hand, if you made a full recovery from your work injury, and then return to work and are laid off, the Workers’ Compensation Act cannot necessarily protect you.

A typical Workers’ Compensation case can take approximately a year to fully litigate. It does not mean that every case will take that long to get through the system, but on average, if a case is to be fully litigated it will take approximately one year.