How do I file a workers' compensation claim in Pennsylvania?
Pennsylvania's Workers' Compensation Act is codified at 77 P.S. §§ 1–2710, administered by the Bureau of Workers' Compensation.
1. Coverage
Required for nearly all employers with 1+ employee (77 P.S. § 481). Excluded: federal employees, longshore workers (federal coverage), agricultural workers earning under $1,200/year from one employer, casual workers, and licensed real estate salespersons paid on commission. Executive officers may exclude themselves.
2. Notice to Employer
Notify within 21 days for full benefits; notice up to 120 days preserves the claim with a delay penalty (77 P.S. § 631). After 120 days, the claim is barred.
3. Claim Filing
Employer files First Report of Injury with the Bureau. If the claim is denied, file a Claim Petition with the Bureau of Workers' Compensation within 3 years of injury (77 P.S. § 602). A Workers' Compensation Judge (WCJ) is assigned.
4. Benefits
Full medical coverage with no co-pay through approved providers. Temporary Total Disability pays 66 2/3% of average weekly wage, subject to state max ($1,325/week for 2026 injuries). Partial disability up to 500 weeks. Specific Loss benefits for permanent loss of body parts (§ 513). Total disability for life if catastrophically injured. Death benefits to dependents under § 561 plus $7,000 burial.
5. Independent Medical Exam (IME)
After 90 days of TTD, the carrier may request an Impairment Rating Evaluation (IRE) under § 306(a.3); a rating under 35% converts status from total to partial.
6. Choice of Doctor
If the employer posts a list of 6+ approved panel providers, you must use a panel provider for the first 90 days (§ 306(f.1)(1)). After 90 days, you choose any physician.
7. Denied Claim / Appeal
WCJ holds an evidentiary hearing. Appeal to the Workers' Compensation Appeal Board within 20 days, then to Commonwealth Court (§ 423).
8. Third-Party Suit
You may sue a third-party tortfeasor. The carrier holds a subrogation lien under § 671 (Liberty Mutual v. Domtar reaffirmed strict subrogation).
This is legal information, not legal advice.
- Impairment Rating Evaluation reducing benefits to partial status
- Panel-provider dispute during first 90 days
- Third-party subrogation lien negotiation
- 77 P.S. §§ 1–2710
- 77 P.S. § 481
- 77 P.S. § 513
- 77 P.S. § 602
- 77 P.S. § 631
- 77 P.S. § 671
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.