Pennsylvania Workers' Compensation Laws

Notify your employer within 21 days (required within 120 days). Prompt reporting strengthens your claim.

If the employer denies your claim or does not respond, file a claim petition with the Bureau of Workers' Compensation within 3 years of the injury date.

If the employer provides a list of at least 6 designated healthcare providers (posted in a conspicuous location), the injured employee must choose from that list for the first 90 days of treatment. After 90 days, the employee may treat with any provider. If no panel is properly posted, the employee may choose any provider from the start.

Total disability benefits pay 66 2/3% of the employee's average weekly wage, subject to a statewide maximum (updated annually). There is a 7-day waiting period before benefits begin. If disability lasts 14 days or more, the waiting period is paid retroactively.

After 104 weeks of total disability benefits, the insurer may request an impairment rating evaluation. If the employee's whole-body impairment is less than 35%, their status is changed from total to partial disability, which has a 500-week cap on benefits.

Employers cannot discharge or discriminate against an employee for filing a workers' compensation claim. The Pennsylvania Supreme Court established this protection as a public policy exception to at-will employment. Remedies include reinstatement, back wages, and compensatory damages.

Workers' compensation is the exclusive remedy for workplace injuries. Employees generally cannot sue their employer in tort for a work injury. Exceptions include intentional torts and claims against third parties (non-employers).