Pennsylvania workers' compensation is administered by the Bureau of Workers' Compensation (BWC) within the Department of Labor & Industry, governed by the Pennsylvania Workers' Compensation Act, 77 P.S. § 1 et seq.
1. Who Is Covered
All Pennsylvania employees with limited exceptions (77 P.S. § 22).
Employers with 1 or more employees must carry workers' comp insurance (77 P.S. § 501).
Sole proprietors, LLC members, and corporate officers may opt out; agricultural workers and casual labor have limited coverage.
2. Notice to Employer — 21 Days for Full Benefits
Under 77 P.S. § 631, the employee must give notice to the employer within 21 days for benefits to start from the date of injury.
If notice is given between 21 and 120 days, benefits start from the date notice is given.
No notice within 120 days = claim is barred.
3. Filing Deadline — 3 Years
File a Claim Petition with the BWC within 3 years of the date of injury (77 P.S. § 602).
Disputes go before a Workers' Compensation Judge (WCJ).
4. Weekly Benefit Calculation
Total Disability: 66 2/3% of AWW (77 P.S. § 511).
For low-wage workers: 90% of AWW if AWW is less than 50% of SAWW.
2024 maximum compensation rate: approximately $1,325/week (100% of SAWW).
Partial Disability: 66 2/3% of the difference between pre-injury AWW and current earning power.
5. Maximum Benefit Period
Total Disability: indefinite, but after 104 weeks, the employer may demand an Impairment Rating Evaluation (IRE) under 77 P.S. § 511.3 — if impairment is less than 35%, status converts to partial disability, capped at 500 weeks.
Note: The IRE process was held unconstitutional in Protz v. WCAB (2017); reinstated by Act 111 of 2018 with the AMA Guides 6th Edition.
Partial Disability: capped at 500 weeks (about 9.6 years).
Specific Loss: scheduled weeks per body part (e.g., loss of arm = 410 weeks).
6. Medical Treatment — Panel Doctor for 90 Days
If employer posts a list of 6 or more designated providers ("panel doctors") and notifies the employee, the employee must use a panel doctor for the first 90 days of treatment (77 P.S. § 531).
After 90 days, the employee may choose any provider.
Treatment subject to Utilization Review under 77 P.S. § 531.
7. Choice of Doctor
Restricted first 90 days (panel); free choice after.
8. Attorney Fees
Capped at 20% of the award unless the WCJ approves a higher fee for cause (77 P.S. § 998).
9. Specific Loss Benefits
Scheduled benefits for amputation/loss of use, plus a healing period, payable in addition to other compensation.
10. Retaliation
Pennsylvania recognizes a common-law cause of action for retaliatory discharge for filing a workers' comp claim (Shick v. Shirey, 1998).
This is legal information, not legal advice.