An Overview of Workers’ Compensation in Pennsylvania

On behalf of Michael Vanasse at Vanasse Law LLC

When a worker in Pennsylvania is injured on the job or suffers a work-related illness, he or she will likely be covered by Pennsylvania’s workers’ compensation system. Workers’ compensation provides coverage for medical expenses and, if an injured worker is unable to return to work, provides compensation for the loss of wages until the injured worker is able to return. If an injured worker is killed because of work, family members may recover death benefits.

Who is Covered by Workers’ Compensation in Pennsylvania

Practically every worker in Pennsylvania is eligible to receive workers’ compensation. Under the Pennsylvania Workers’ Compensation Act, employers in the state are required to provide workers’ compensation coverage to all employees, even part-time and seasonal workers. In addition, businesses with only one employee, nonprofit corporations and unincorporated businesses must provide coverage. Some employees who may not be covered include volunteer workers, casual employees, agricultural workers, and employees who have been granted a religious exemption.

Moreover, if an employer fails to obtain insurance for workers’ compensation, an injured worker working for an uninsured employer may be eligible for benefits from the Uninsured Employer Guaranty Fund.

What is Covered by Workers’ Compensation

Injury, illness or disease caused by an individual’s work is likely covered by workers’ compensation. However, a worker is not eligible to receive workers’ compensation benefits if the injury or death is purposefully self-inflicted or is caused by the worker’s violation of the law. For example, a worker’s injury caused by the illegal use of drugs or by intoxication is likely not covered.

When Does Coverage Begin and How Do Benefits Begin

A worker’s WC coverage begins on the date of hire, and the obtainment of benefits begins with prompt reporting. When a worker suffers a work-related injury or illness, the worker should report the injury to his or her employer or supervisor immediately. An injured worker should inform the employer that she or he was injured during the course of employment and provide the place and date of injury. The failure to notify the employer may result in the delay or denial of workers’ compensation benefits. Reporting to the employer is important because the employer is required to report the injury to the Bureau of Workers’ Compensation once a shift or day of work is missed by the worker. The employer may accept or deny the claim, and working with an experienced workers’ compensation attorney can be especially helpful in situations where the claim is denied.

Total v. Partial Disability Benefits Status

A worker’s disability benefits status refers to his or her ability to return to work, and the status impacts the payments a worker receives for lost wages. Wage-loss benefits are available if it’s determined the worker is totally disabled or partially disabled. Total disability applies to workers during the time they are totally disabled and unable to work, and partial disability applies to workers during the time they return to work at a lower paying job or are found not totally disabled. At different intervals for each status, medical examinations are conducted to determine the status of the worker going forward.

If you’ve been injured on the job, contact an experienced workers’ compensation attorney to ensure you receive benefits you’re entitled to.