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PA Work Comp 

PA Workers Comp Injury Attorneys
Answer Frequently Asked Questions

If you’re hurt on-the-job in Pennsylvania, you’re likely to have questions about workers comp. That’s why we’ve taken the most common questions people ask us and answer them for you below.

General FAQs

Who is responsible for providing workers comp benefits in PA?

Your employer is required by law to provide workers comp coverage to their employees. Those who are self-employed may be rare exceptions to this law.

Are all workers covered under Pennsylvania workers comp?

Most Pennsylvania workers are covered by the Workers Compensation Act. Even if an employer only has one employee, that employee is covered. Generally, those who are not covered are self-employed.

How long do you have to file a claim?

  • Immediately report any work-related injury or illness to your employer or supervisor. You have 120 days to let your employer know that you had a work injury.
  • You have 3 years from the day you were injured to file a claim petition for an injury.

Can your claim be denied if you don't report the injury in time?

If you are hurt at work, notify your employer as soon as possible. Under the Pennsylvania Workers Compensation Act, if you don't tell your employer that you were injured within 120 days, you can not receive workers comp.

Can your employer fire you for filing a workers comp claim?

No, your employer cannot fire you for filing a work comp claim. But, you may be fired for other reasons, including an extended absence from work even if it is because of your injury. If you are a member of a union, the union may protect your job security. But your employer may stop other benefits, such as your health insurance.

What forms should I sign?

The Workers Comp Bureau prints all forms on the same color paper, so you have to read all of the documents very carefully. In Pennsylvania, if you sign a document, the Courts believe that you have read it and understood it, and they will enforce what you have signed, even if you made a mistake.

Every time there is a change made in your claim, you will be asked to sign a "Supplemental Agreement." This kind of agreement just shows that there has been a change, but you will also need to read it very carefully. If you have been released to return to work and this agreement contains the word "terminate," you may be signing away important rights!

If you are released to return to work, the insurance company may ask you to sign a "Final Receipt." If you sign it, you have told them that you are COMPLETELY recovered. If you are being pressured to sign and you don't think you are completely recovered, our Pennsylvania workers comp attorneys can help.

Can you sue your employer or co-worker for causing your injury or illness?

No, you can only file for workers comp to pay for your lost wages and medical bills. You are not paid for your pain and suffering from your work injury.

There are two exceptions:

  • If your injury or illness was caused by a defective product, you may have a case against the manufacturer of the product.
  • If a co-worker assaults you based on a personal, rather than work-related, matter. You may be able to file a civil or criminal lawsuit against your co-worker.

What injuries and illnesses are covered?

Mostly all injuries and illnesses caused by a work-related accident or a condition are covered under Pennsylvania workers comp.

The only injuries that may occur in the workplace and are not covered under work comp are:

  • injuries that are intentionally self-inflicted, including suicide
  • injuries that are caused by your own intoxication or illegal drug use
  • injuries that result when a co-worker attacks you for personal reasons
  • injuries that result when a third person attacks you for some reason not related to your job
  • injuries that are caused by breaking the law

What if your employer refuses to file an accident or incident report for your injury?

If your employer refuses to complete an injury report on your behalf, you may file a claims petition for workers comp payments.

You may need to hire an attorney to represent you, because a workers comp judge will need to review your claim at a hearing.

You live in Pennsylvania but work in a different state. Where do you apply for workers comp payments?

Pennsylvania's workers comp payments are higher than those in many surrounding states. So, obviously, you will want to see if you can receive work comp payments in Pennsylvania.

You may be able to receive Pennsylvania workers comp payments if:

  • you work in Pennsylvania
  • you live in Pennsylvania but work in another state
  • you were hired by a company based in Pennsylvania

Each claim is based on the particular facts of the situation and must be evaluated on an individual basis. Our lawyers can help you with these issues.

If you are receiving PA workers comp payments and your employer offers you a job, do you have to take it?

If your employer can prove that they have a job for you that is within your medical restrictions and you choose not to take it, your employer can ask a workers comp judge to either modify or terminate your benefits.

Is the workers comp insurance company allowed to follow you, take photos, and talk to your neighbors?

Yes, Pennsylvania workers comp insurance companies often use investigators. If you are seriously injured and are following your doctor's orders regarding restricted activities, you should have nothing to worry about.

Eligibility FAQs

Under workers compensation laws in Pennsylvania, can you receive payments:

Under workers compensation laws in Pennsylvania, can you receive payments for any injury or illness?

You may be eligible for workers compensation payments in Pennsylvania if you:

  • are hurt on the job
  • aggravate a pre-existing injury
  • develop a work-related illness, such as asbestosis or carpal tunnel syndrome

You may request work comp payments even if you are at fault for your injury at work. Accidents that occur while traveling to or from work, or during breaks, generally do not qualify for Pennsylvania workers compensation.

Under workers compensation laws in Pennsylvania, can you receive payments for repetitive motion injuries such as carpal tunnel?

Yes. If you can prove that your injury is work-related, you could request workers compensation payments. Jobs that require repetitive motion to perform them can cause carpal tunnel syndrome and other disorders.

Under workers compensation laws in Pennsylvania, can you receive payments if you were injured while volunteering?

In most situations, you must be paid in some way for your work in order to be covered.

However, some volunteers, such as firefighters, ambulance workers, and special school police, are able to collect Pennsylvania workers compensation payments.

Under workers compensation laws in Pennsylvania, can you receive payments if your work injury was your own fault?

Yes. Pennsylvania workers compensation laws allow you to request payment for work-related injuries regardless of fault. But, intentional, self-inflicted injuries are not covered under workers compensation.

Under workers compensation laws in Pennsylvania, can you receive payments if you are a traveling salesman and are hurt in a car accident while driving home from a sales convention?

People who have no fixed place of work—like traveling salesmen, traveling nurses, and consultants—are generally covered once they take to the road.

Under workers compensation laws in Pennsylvania, can you receive payments if you were injured on your lunch break?

Probably not. The general rule is that any personal time taken during the work day—including lunch breaks—would not be covered under Pennsylvania workers compensation.

Can you receive workers compensation payments if a previous injury was aggravated on your current job?

It depends on whether the aggravation is a new injury or a recurrence of the old injury. If your medical records show that you have a new injury and that it was related to your current job, you would be able to receive workers compensation payments.

Can you receive workers compensation payments if you were injured at home while doing work for your employer?

If you chose to take work home, you would not be covered. However, if your employer specifically asked you to do work at home, you probably are covered.

Payment FAQs

What types of payments can you receive from workers comp?

In Pennsylvania, you may be able to receive work comp payments if a doctor places you on medical leave from work for more than 7 days. In order to be paid for your first 7 days of missed work, you need to be off of work and under a doctor's care for at least 14 consecutive work days.

If your workers comp claim is approved, you may be able to receive the following payments:

  • Medical Benefits
  • Total Disability Benefits (lost wages)
  • Partial Disability Benefits (lost wages)
  • Specific Loss Benefits
  • Scarring
  • Death Benefits

When will you receive your first work comp check?

You should receive your first check no later than 21 days after you told your employer about your injury.

How much will you get paid for lost wages?

In Pennsylvania, payments for lost wages are approximately 2/3 of your average weekly wage up to a pre-set maximum. In 2006, the weekly maximum was $745.

Keep in mind, wage loss benefits can be reduced if you are receiving other payments such as social security, pensions, severance pay, unemployment comp, etc.

Could you ever lose your PA workers comp payments?

Yes, you can lose your workers comp payments if you:

  • refuse to submit to reasonable medical services
  • refuse to comply with an order to have a medical exam
  • are convicted of a crime and are put in jail
  • fail to complete and return an employee verification form to the workers comp insurance company within 30 days

Your lost wage payments can also be stopped:

  • by a judge appointed to review the facts of your workers comp claim
  • if you have fully recovered from your injury and have signed a "Final Receipt." Signing this receipt means you agreed to stop your benefits
  • if you are assigned to a modified, or "light duty," position; you may still be able to collect Partial Disability payments if the job pays less than what you made before your injury
  • if you agree to receive a lump sum of money, also known as a "Compromise and Release"
  • when you return to work and are making the same, or more than, you made before your injury
  • the 500-week period of Partial Disability is over
  • the time you had to collect Specific Loss payments ends; this time period is set based on the nature of the injury
  • if you die from causes not related to your work injury

How do you know if a request to end your work comp payments has been filed?

You should receive a notice telling you that they plan to stop your workers comp payments. Your employer must file a “Petition to Terminate, Modify, or Suspend Benefits.” If you receive one of these petitions, and don't already have a lawyer, you should contact our experienced workers comp attorneys.

Your employer sends you a petition saying your work comp payments should stop on the day you were examined by your employer's doctor. Will your payments stop?

The petition you received is called a "Petition to Terminate Comp Benefits." Your employer filed the petition because they believe that you have recovered from your injury and can now return to work.

A workers comp judge will decide if your payments will stop.

How will taking a light duty job affect your workers comp payments?

If you return to work and you make:

  • the same amount of money or more money than what you made before you were hurt, your payment for lost wages will be suspended.
  • less money than you made before you were hurt, you will receive lost wage payments in the form of partial disability benefits.

Partial disability payments equal approximately 2/3 of the difference between what you make now and what you made before you were hurt.

Example: You make $300 per week at your light duty job. Before you were injured, you made $450 per week. The difference between the two pay rates is $150 per week. Your partial disability payment would be 2/3 of $150 or approximately $100.

Your payment can not go over the maximum weekly payment rate that was set for the year you were injured. If you were injured in 2006, your weekly maximum in Pennsylvania would be $745.

How do you pay your bills while you are waiting for your work comp payments to start?

While you wait for a decision on your PA work comp claim, you could:

  • check to see if your employer has a disability policy or sick and accident policy as part of your work benefits package
  • use any vacation or sick time you have available
  • seek public assistance

If you do receive Pennsylvania workers comp payments, your payments may be reduced based on the amount of money you are receiving from a sickness and accident policy, public assistance, unemployment comp, Social Security, pension, etc.

Medical FAQs

Do you have to see a company doctor for medical treatment of a work-related injury?

If your employer posts a list of company doctors at your place of work, you must see one of these doctors during the first 90 days of treatment. If you don't use a company doctor for the first 90 days, workers compensation doesn't have to pay your medical bills.

Ninety days after seeing a company doctor for the first time, you may choose your own doctor. You need to tell the workers comp insurance company who your new doctor is within 5 days to make sure that your doctor gets paid. But, your employer may request that you still see one of their company doctors once every 6 months.

You can also refuse to allow a representative of the workers comp insurance company to be present during examinations with your own doctor.

If your company does not have a panel of doctors posted, you may see your own doctor from the very start of your treatment.

What happens to your work comp payments if the doctor releases you to light duty work?

If your doctor releases you to "light duty" work but your employer does not have a light duty job available, you can continue to receive your Pennsylvania workers comp payments.

If your employer has a "light duty" job available for you, the activities needed to perform the job would have to be approved by your doctor. If the light duty job pays less than what you made before you were injured, you would be entitled to receive Partial Disability payments.

Even after you return to your job, workers comp will continue to pay any reasonable and necessary medical expenses related to your work injury.

In addition, you can have your workers comp payments started again if:

  • you are laid off
  • you are fired without cause
  • your doctor takes you off work again while you are on "light duty"

What if the company doctor releases you to go back to work but your own doctor disagrees?

If the company doctor releases you to return to work, but your personal doctor disagrees, you can refuse to go back to work.

If you do not return to work, your employer will probably file a “Petition to Terminate, Modify or Suspend Benefits.” In this case, under workers comp laws in Pennsylvania, you will continue to receive your workers comp payments until a hearing is scheduled for a judge to review your case.

If you get one of these letters, and don't already have a lawyer, you should get help from one of our experienced workers comp attorneys.

What if your own doctor says you can go back to work, but you don't think you can?

If you do not have another doctor who agrees with you, you risk losing your workers comp payments by refusing to return to work.

Will you be reimbursed for travel expenses related to medical treatment for your work injury?

You usually receive reimbursement only for medical appointments required by your employer or their insurance company.

To receive reimbursement, be sure to:

  • keep receipts for parking and tolls.
  • maintain a log of your mileage including the date and destination of each trip

You are usually not reimbursed for traveling to medical appointments that you have requested.

If your doctor says you cannot return to your original job, does your employer have to pay to send you to school for job retraining?

No, your employer is not responsible for retraining you even though you were injured at work. You may also be able to collect a lump sum of money for your work-related injury.

Important Workers Comp Information:

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