Pennsylvania Workers' Compensation: Deadlines, Benefits and How to File
Pennsylvania workers' comp rules: who must carry it, deadlines to report and file, weekly benefit rate and maximum, choosing a doctor, appeals and retaliation.
Quick answers for Pennsylvania
- Deadline to report the injury
- Report any injury to your employer or supervisor immediately, including the date and place of injury. Pa. Workers' Compensation Act § 311; LIBC-100
- Deadline to file a claim
- Claims are barred unless, within three years after the injury (or death), the parties agree on compensation or a petition is filed. Pa. Workers' Compensation Act § 315; LIBC-100
- Weekly benefit rate
- Wage-loss benefits are about two-thirds (66⅔%) of the worker's average weekly wage, up to a weekly maximum. The minimum rate is the lower of 90% of the worker's average weekly wage or 50% of the statewide average weekly wage. LIBC-100; Pa. Dept. of Labor & Industry, Statewide Average Weekly Wage
- Maximum weekly benefit
- For injuries on or after Jan. 1, 2026, the maximum weekly compensation rate is $1,394.00. Workers with an average weekly wage between $1,045.51 and $2,091.00 receive 66⅔%; between $774.44 and $1,045.50 receive $697.00; Pa. Dept. of Labor & Industry, Statewide Average Weekly Wage (SAWW) Announced
Last verified: 2026-10-27
Coverage and deadlines
| Which employers must carry it | Nearly every Pennsylvania worker is covered. Employers must provide workers' compensation coverage for all employees, including seasonal and part-time workers; nonprofits, unincorporated businesses and employers with only one employee must comply. Coverage can come from a private insurer, the State Workers' Insurance Fund, or approved self-insurance. Workers who may not be covered include volunteers, agricultural laborers, casual employees, domestic workers and employees granted a personal religious exemption; certain corporate executive officers may elect exemption, and some workers (such as federal employees and railroad workers) are covered by other laws. |
|---|---|
| Deadline to report the injury | Report any injury to your employer or supervisor immediately, including the date and place of injury. Unless the employer already knows of the injury or the worker gives notice within 21 days, no compensation is due until notice is given; notice must be given no later than 120 days after the injury for compensation to be allowed. Statute: https://www.palegis.us/statutes/unconsolidated/law-information/view-statute?txtType=PDF&SessYr=1915&ActNum=0338.&SessInd=0 |
| Deadline to file a claim | Claims are barred unless, within three years after the injury (or death), the parties agree on compensation or a petition is filed. If the employer or its insurer denies the claim, the worker has three years from the date of injury to file a claim petition with the Workers' Compensation Office of Adjudication. For occupational diseases, the disability must occur within 300 weeks of the last hazardous employment, and the petition must be filed within three years from the date of injury/disability. |
| Waiting period | The worker must be disabled more than seven calendar days (including weekends) before wage-loss benefits are payable; benefits begin on the eighth day. Once the worker has been off work 14 days, the first seven days are paid retroactively. Source: LIBC-100 |
Benefits
| Weekly benefit rate | Wage-loss benefits are about two-thirds (66⅔%) of the worker's average weekly wage, up to a weekly maximum. The minimum rate is the lower of 90% of the worker's average weekly wage or 50% of the statewide average weekly wage. Benefits can be offset by 50% of Social Security old-age benefits, the employer-paid part of a pension, severance pay, unemployment compensation or other earnings; there is no cost-of-living increase. |
|---|---|
| Maximum weekly benefit | For injuries on or after Jan. 1, 2026, the maximum weekly compensation rate is $1,394.00. Workers with an average weekly wage between $1,045.51 and $2,091.00 receive 66⅔%; between $774.44 and $1,045.50 receive $697.00; and at $774.43 or less receive 90% of their average weekly wage. The 2025 maximum was $1,347.00. |
| How long benefits last | Total disability status has no fixed week limit while the worker is totally disabled, but after 104 weeks of total disability benefits the employer or insurer can require an impairment rating evaluation. If the worker's impairment is under 35 percent, the worker's status can change to partial disability. Partial disability benefits are paid for a maximum of 500 weeks; under the Act, weeks already paid as total disability do not reduce that 500-week period. A worker on partial status who later gets a qualifying impairment rating of 35 percent or more may petition to be reinstated to total disability. The 35 percent threshold is taken from the department's LIBC-100 brochure (rev. 10-24). The Act compilation posted on pa.gov (regulations/wc/act.pdf) still shows an older 50 percent figure in section 306(a.2), so it appears not to reflect later amendments. |
| Permanent disability | Total disability status applies while the worker cannot work. After 104 weeks, the employer/insurer can require an impairment-rating exam; if the worker's whole-body impairment is below 35% under AMA standards, the status can change to partial disability, which is limited to 500 weeks. A worker on partial disability who later obtains a 35%-or-greater rating may petition to reinstate total disability. Separate specific loss benefits are paid for permanent loss of use of body parts such as a thumb, finger, hand, arm, leg, foot, toe, sight or hearing, or for serious permanent disfigurement of the head, face or neck. Source: LIBC-100 |
| Death benefits | Dependents of a worker killed by a work injury receive weekly benefits as a percentage of the worker's wages, capped at the statewide average weekly wage: for example, 51% to a widow or widower with no children; 60% to a widow or widower who is guardian of one child; and 66⅔% with two or more children. Benefits go to children, then dependent parents, then dependent brothers and sisters, at percentages set in the Act if there is no surviving spouse. Whether or not there are dependents, the employer or insurer pays reasonable burial expenses up to $7,000 directly to the undertaker. |
Doctors, filing, settlements and appeals
| Choosing a doctor | You may choose your own health care provider unless the employer accepts your claim and has posted a list of six or more physicians or providers at the workplace. In that case, you must see a listed provider for initial treatment and continue with listed providers for 90 days after the first visit (you may pick any one on the list). If a listed provider prescribes invasive surgery, you are entitled to a second opinion paid for by the employer/insurer. After 90 days, or if there is no proper posted list, you may treat with any provider you choose but must tell the employer. Source: LIBC-100 |
|---|---|
| How to file | Report the injury to your employer, who must file a first report of injury with the Bureau of Workers' Compensation once you lose a day, shift or turn of work. The insurer has 21 days from notice to accept or deny the claim or to pay temporary compensation (for up to 90 days). If the claim is denied or benefits stop, you can file a claim petition with the Workers' Compensation Office of Adjudication for a hearing before a workers' compensation judge; forms are available online or through the Claims Information Helpline at 800-482-2383. Mediation is generally scheduled once a petition is filed. Source: LIBC-100 |
| Settlements | Yes. The parties may compromise and release any and all liability under the Act through a written agreement (a "compromise and release by stipulation"). After a petition is filed, the signed agreement is submitted to a workers' compensation judge, who considers it in an open hearing. The judge may not approve it unless satisfied that the injured worker understands the full legal significance of the agreement, and the agreement must state clearly whether medical expenses will be paid. The worker's signature must be witnessed by two people or notarized. Hearings are expedited, and the decision is due within 30 days. Act compilation published by the PA Department of Labor & Industry. |
| Appealing a denial | A workers' compensation judge's decision can be appealed to the Workers' Compensation Appeal Board by filing a Notice of Appeal within 20 calendar days of the circulation date of the decision; appeals can be filed electronically through WCAIS or by mail (not fax or email). Board decisions can be appealed to Commonwealth Court. |
| Deadline to challenge a denial | If a claim is denied or disputed, the worker generally must file a claim petition within three years after the injury (or within three years after the last compensation payment). A workers' compensation judge decides the petition; any party may appeal the judge's decision to the Workers' Compensation Appeal Board within 20 days after notice of the decision is served, and other parties may cross-appeal within 14 days of the first appeal. Board decisions can be appealed to Commonwealth Court. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). The compilation prints two versions of § 315 (two-year and three-year); its editor's note explains the three-year version is the later amendment. |
| Filing or checking a claim online | Report your injury to your employer or supervisor immediately, with the date and place. Once you lose a day, shift or turn of work, your employer must report the injury to the Bureau of Workers' Compensation by filing a first report of injury. The employer or its insurer then accepts or denies the claim; if it is denied (or temporary payments stop after 90 days), you can file a claim petition for a hearing before a workers' compensation judge. Bureau of Workers' Compensation Claims Information Services: 800-482-2383 (in PA) or 717-772-4447, email ra-li-bwc-helpline@pa.gov. |
| Lawyer fees in comp cases | Attorney fee agreements in Pennsylvania workers' compensation cases must be approved by a workers' compensation judge or the Workers' Compensation Appeal Board, and counsel fees may not exceed 20 percent of the amount awarded. Where counsel gets a favorable result but no immediate award (such as termination or suspension cases), the judge awards reasonable agreed fees without regard to the percentage. In compromise and release settlements, fees may not exceed 20 percent of the settlement amount. You may represent yourself, but a non-attorney can't represent you. LIBC-100: https://www.pa.gov/content/dam/copapwp-pagov/en/dli/documents/individuals/workers-compensation/publications/documents/libc-100.pdf |
Lawsuits and uninsured employers
| Suing your employer | Generally no. The employer's liability under the Workers' Compensation Act is exclusive and in place of any other liability to the worker, spouse, parents, dependents or anyone else entitled to damages for a work injury or occupational disease. The statute's main exception is an employer that fails to insure or self-insure: then the worker may either claim under the Act or sue the employer for damages at law. Other exceptions recognized by Pennsylvania courts were not reviewed. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
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| Suing someone other than your employer | Yes. When a third party causes the injury, the worker (or family) may sue that third party. The employer is subrogated to the worker's recovery to the extent of compensation payable; attorney fees and costs are shared in proportion to the compensation paid at the time of recovery, and any excess recovery goes to the worker and is treated as an advance on future compensation. The employer and its insurer cannot be held liable to the third party for contribution or indemnity unless a prior written contract expressly provides for it. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
| If your employer has no workers' comp | If the employer has no workers' comp insurance or self-insurance, the worker may either proceed under the Act or sue the employer for damages at law. Benefits can be paid by the Uninsured Employers Guaranty Fund: the worker must notify the Fund within 45 days after learning the employer was uninsured, and may not file a claim petition against the Fund until at least 21 days after that notice; the petition names both the employer and the Fund. Failing to insure is a third-degree misdemeanor (a third-degree felony if intentional), each day is a separate offense, and the Department pursues reimbursement from the employer. Read in the Department of Labor & Industry's compilation of the Workers' Compensation Act (Act of 1915, P.L. 736, No. 338, as amended). |
Where to get help in Pennsylvania
Workers' Compensation FAQ
Which employers must have workers' comp in Pennsylvania?
Nearly every Pennsylvania worker is covered. Employers must provide workers' compensation coverage for all employees, including seasonal and part-time workers; nonprofits, unincorporated businesses and employers with only one employee must comply. Coverage can come from a private insurer, the State Workers' Insurance Fund, or approved self-insurance. Workers who may not be covered include volunteers, agricultural laborers, casual employees, domestic workers and employees granted a personal religious exemption; certain corporate executive officers may elect exemption, and some workers (such as federal employees and railroad workers) are covered by other laws.
How long do you have to report a work injury in Pennsylvania?
Report any injury to your employer or supervisor immediately, including the date and place of injury. Unless the employer already knows of the injury or the worker gives notice within 21 days, no compensation is due until notice is given; notice must be given no later than 120 days after the injury for compensation to be allowed.
What is the deadline to file a workers' comp claim in Pennsylvania?
Claims are barred unless, within three years after the injury (or death), the parties agree on compensation or a petition is filed. If the employer or its insurer denies the claim, the worker has three years from the date of injury to file a claim petition with the Workers' Compensation Office of Adjudication. For occupational diseases, the disability must occur within 300 weeks of the last hazardous employment, and the petition must be filed within three years from the date of injury/disability.
Is there a waiting period for workers' comp in Pennsylvania?
The worker must be disabled more than seven calendar days (including weekends) before wage-loss benefits are payable; benefits begin on the eighth day. Once the worker has been off work 14 days, the first seven days are paid retroactively.
How much does workers' comp pay in Pennsylvania?
Wage-loss benefits are about two-thirds (66⅔%) of the worker's average weekly wage, up to a weekly maximum. The minimum rate is the lower of 90% of the worker's average weekly wage or 50% of the statewide average weekly wage. Benefits can be offset by 50% of Social Security old-age benefits, the employer-paid part of a pension, severance pay, unemployment compensation or other earnings; there is no cost-of-living increase.
What is the maximum workers' comp benefit in Pennsylvania?
For injuries on or after Jan. 1, 2026, the maximum weekly compensation rate is $1,394.00. Workers with an average weekly wage between $1,045.51 and $2,091.00 receive 66⅔%; between $774.44 and $1,045.50 receive $697.00; and at $774.43 or less receive 90% of their average weekly wage. The 2025 maximum was $1,347.00.
Can you choose your own doctor for workers' comp in Pennsylvania?
You may choose your own health care provider unless the employer accepts your claim and has posted a list of six or more physicians or providers at the workplace. In that case, you must see a listed provider for initial treatment and continue with listed providers for 90 days after the first visit (you may pick any one on the list). If a listed provider prescribes invasive surgery, you are entitled to a second opinion paid for by the employer/insurer. After 90 days, or if there is no proper posted list, you may treat with any provider you choose but must tell the employer.
How does permanent disability work under workers' comp in Pennsylvania?
Total disability status applies while the worker cannot work. After 104 weeks, the employer/insurer can require an impairment-rating exam; if the worker's whole-body impairment is below 35% under AMA standards, the status can change to partial disability, which is limited to 500 weeks. A worker on partial disability who later obtains a 35%-or-greater rating may petition to reinstate total disability. Separate specific loss benefits are paid for permanent loss of use of body parts such as a thumb, finger, hand, arm, leg, foot, toe, sight or hearing, or for serious permanent disfigurement of the head, face or neck.
What workers' comp death benefits are available in Pennsylvania?
Dependents of a worker killed by a work injury receive weekly benefits as a percentage of the worker's wages, capped at the statewide average weekly wage: for example, 51% to a widow or widower with no children; 60% to a widow or widower who is guardian of one child; and 66⅔% with two or more children. Benefits go to children, then dependent parents, then dependent brothers and sisters, at percentages set in the Act if there is no surviving spouse. Whether or not there are dependents, the employer or insurer pays reasonable burial expenses up to $7,000 directly to the undertaker.
How do you file a workers' comp claim in Pennsylvania?
Report the injury to your employer, who must file a first report of injury with the Bureau of Workers' Compensation once you lose a day, shift or turn of work. The insurer has 21 days from notice to accept or deny the claim or to pay temporary compensation (for up to 90 days). If the claim is denied or benefits stop, you can file a claim petition with the Workers' Compensation Office of Adjudication for a hearing before a workers' compensation judge; forms are available online or through the Claims Information Helpline at 800-482-2383. Mediation is generally scheduled once a petition is filed.
How do you appeal a denied workers' comp claim in Pennsylvania?
A workers' compensation judge's decision can be appealed to the Workers' Compensation Appeal Board by filing a Notice of Appeal within 20 calendar days of the circulation date of the decision; appeals can be filed electronically through WCAIS or by mail (not fax or email). Board decisions can be appealed to Commonwealth Court.
How long can you receive workers' comp in Pennsylvania?
Total disability status has no fixed week limit while the worker is totally disabled, but after 104 weeks of total disability benefits the employer or insurer can require an impairment rating evaluation. If the worker's impairment is under 35 percent, the worker's status can change to partial disability. Partial disability benefits are paid for a maximum of 500 weeks; under the Act, weeks already paid as total disability do not reduce that 500-week period. A worker on partial status who later gets a qualifying impairment rating of 35 percent or more may petition to be reinstated to total disability.
How do workers' comp settlements work in Pennsylvania?
Yes. The parties may compromise and release any and all liability under the Act through a written agreement (a "compromise and release by stipulation"). After a petition is filed, the signed agreement is submitted to a workers' compensation judge, who considers it in an open hearing. The judge may not approve it unless satisfied that the injured worker understands the full legal significance of the agreement, and the agreement must state clearly whether medical expenses will be paid. The worker's signature must be witnessed by two people or notarized. Hearings are expedited, and the decision is due within 30 days.
How do I file or check a workers' comp claim online in Pennsylvania?
Report your injury to your employer or supervisor immediately, with the date and place. Once you lose a day, shift or turn of work, your employer must report the injury to the Bureau of Workers' Compensation by filing a first report of injury. The employer or its insurer then accepts or denies the claim; if it is denied (or temporary payments stop after 90 days), you can file a claim petition for a hearing before a workers' compensation judge. Bureau of Workers' Compensation Claims Information Services: 800-482-2383 (in PA) or 717-772-4447, email ra-li-bwc-helpline@pa.gov.
How much can a workers' comp lawyer charge in Pennsylvania?
Attorney fee agreements in Pennsylvania workers' compensation cases must be approved by a workers' compensation judge or the Workers' Compensation Appeal Board, and counsel fees may not exceed 20 percent of the amount awarded. Where counsel gets a favorable result but no immediate award (such as termination or suspension cases), the judge awards reasonable agreed fees without regard to the percentage. In compromise and release settlements, fees may not exceed 20 percent of the settlement amount. You may represent yourself, but a non-attorney can't represent you.
Can you sue your employer for a work injury in Pennsylvania?
Generally no. The employer's liability under the Workers' Compensation Act is exclusive and in place of any other liability to the worker, spouse, parents, dependents or anyone else entitled to damages for a work injury or occupational disease. The statute's main exception is an employer that fails to insure or self-insure: then the worker may either claim under the Act or sue the employer for damages at law. Other exceptions recognized by Pennsylvania courts were not reviewed.
Can you sue a third party for a work injury in Pennsylvania?
Yes. When a third party causes the injury, the worker (or family) may sue that third party. The employer is subrogated to the worker's recovery to the extent of compensation payable; attorney fees and costs are shared in proportion to the compensation paid at the time of recovery, and any excess recovery goes to the worker and is treated as an advance on future compensation. The employer and its insurer cannot be held liable to the third party for contribution or indemnity unless a prior written contract expressly provides for it.
What if my employer doesn't have workers' comp insurance in Pennsylvania?
If the employer has no workers' comp insurance or self-insurance, the worker may either proceed under the Act or sue the employer for damages at law. Benefits can be paid by the Uninsured Employers Guaranty Fund: the worker must notify the Fund within 45 days after learning the employer was uninsured, and may not file a claim petition against the Fund until at least 21 days after that notice; the petition names both the employer and the Fund. Failing to insure is a third-degree misdemeanor (a third-degree felony if intentional), each day is a separate offense, and the Department pursues reimbursement from the employer.
How long do you have to appeal a denied workers' comp claim in Pennsylvania?
If a claim is denied or disputed, the worker generally must file a claim petition within three years after the injury (or within three years after the last compensation payment). A workers' compensation judge decides the petition; any party may appeal the judge's decision to the Workers' Compensation Appeal Board within 20 days after notice of the decision is served, and other parties may cross-appeal within 14 days of the first appeal. Board decisions can be appealed to Commonwealth Court.
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