The Pennsylvania workers’ compensation process runs from reporting your injury through medical treatment, benefit determination, and, if a claim is denied, appeal or settlement. Most employers must carry workers’ compensation insurance that pays for reasonable medical treatment and wage-loss benefits when a worker cannot work or earns less because of a job-related injury or illness.
At Luxenberg Garbett Kelly & George P.C., we have served injured workers across Western Pennsylvania since 1933. Pennsylvania workers’ compensation attorneys Joseph A. George and Lawrence M. Kelly guide clients through the Pennsylvania workers’ compensation process, from the first injury report to final resolution.
This guide explains how to report a work injury, get medical treatment, attend an independent medical examination, meet filing deadlines, understand disability benefits, appeal a denial, and settle a claim.
If you have questions about your rights or are having trouble obtaining workers’ compensation benefits, the Pennsylvania workers’ compensation attorneys at Luxenberg Garbett Kelly & George P.C. can evaluate your situation and explain your legal options. Call (724) 658-8535 to schedule a free consultation.
What to Do Immediately After a Workplace Injury
Tell your employer about your injury as soon as possible. If you have a work-related illness or condition that developed over time, notify your employer once you know, or reasonably should know, that it is related to your job. Pennsylvania law requires notice within 120 days. If the injury causes you to miss a day, shift, or turn of work, your employer must file a First Report of Injury with the Pennsylvania Bureau of Workers’ Compensation.
After your employer reports the injury, the insurance company reviews the claim. It may accept the claim, deny it, or begin temporary compensation while it completes its investigation. If your claim is denied, or if benefits are not paid when they should be, you may need to file a Claim Petition to pursue benefits.
Depending on your injury or illness, workers’ compensation benefits may include:
- Payment for lost wages if your doctor says you cannot work or must work with restrictions
- Medical expenses, including treatment, medications, therapy, and other reasonable care
- Specific-loss benefits for the loss of a body part, loss of hearing or sight, or serious and permanent disfigurement
Reporting your injury promptly helps protect your right to benefits and creates a clear record of when and how the injury occurred. Whenever possible, notify your employer in writing and keep a copy for your records.
Key Takeaway: Report your injury as soon as possible. Although Pennsylvania generally allows up to 120 days to notify your employer, reporting within 21 days helps preserve your right to receive benefits dating back to the date of your injury.
How Do You Get Medical Treatment for a Work Injury?
Your employer may post a list of designated health care providers for work-related injuries. Under Pennsylvania law, the list must include at least six providers, at least three of whom must be physicians.
If your employer has a valid posted provider list and your workers’ compensation claim is accepted, you must receive treatment from one of those providers for the first 90 days after your initial visit. During that period, you may switch to another provider on the list if needed.
If your employer does not have a valid posted provider list, you may choose your own health care provider. You may also seek emergency treatment from any provider. After the emergency, however, the provider-list rules may apply if your employer has a valid posted list.
What Happens During an Independent Medical Examination (IME)?
After you begin receiving workers’ compensation benefits, your employer or its insurance company may require you to attend an Independent Medical Examination (IME). The examination is performed by a doctor chosen by the insurer to evaluate your work-related injury or illness, your treatment, and your ability to return to work.
If you refuse to attend, the employer may ask a workers’ compensation judge to order the examination. Failing to attend after a court order can result in the suspension of your benefits. If you disagree with the IME doctor’s conclusions, your treating physician’s medical records and testimony may be used to challenge the report before a workers’ compensation judge.
How Long Do You Have to File a Workers’ Comp Claim in Pennsylvania?
Reporting your injury to your employer is only the first deadline. Pennsylvania law requires workers to notify their employer within 120 days of the injury or, for an occupational illness or repetitive-trauma condition, when they know or reasonably should know it is work-related. If your claim is denied, you have three years from the date of injury to file a Claim Petition under Section 315 of the Pennsylvania Workers’ Compensation Act.
Missing either deadline can prevent you from recovering benefits. Because occupational diseases and repetitive-trauma injuries can make the filing timeline more difficult to determine, it is a good idea to review your deadlines with a Lawrence County workers’ compensation attorney as early as possible.
Key Takeaway: Reporting your injury to your employer does not satisfy the deadline for filing a Claim Petition. If your claim is denied, you have three years from the date of injury to file a formal claim.
Workers’ Compensation Attorney in New Castle, Luxenberg Garbett Kelly & George P.C.
Lawrence M. Kelly, Esq.
With more than four decades of legal experience, Lawrence M. Kelly has represented injured workers across Western Pennsylvania in workers’ compensation claims involving benefit disputes, independent medical examinations, appeals, and settlements. As a longtime member of the New Castle community, he combines extensive courtroom experience with a practical understanding of the challenges workplace injuries can create for workers and their families.
Lawrence is a Board-Certified Civil Trial Specialist through the National Board of Trial Advocacy and has been recognized by Pennsylvania Super Lawyers for more than 20 years. He also holds Martindale-Hubbell’s AV Preeminent rating and previously served as president of the Western Pennsylvania Trial Lawyers Association.
Joseph A. George, Esq.
Joseph A. George represents injured workers throughout Western Pennsylvania in workers’ compensation matters, helping clients pursue the medical and wage-loss benefits available under Pennsylvania law. He also handles personal injury, motor vehicle accident, and medical malpractice cases, giving him broad experience advocating for people whose lives have been affected by serious injuries.
His work has earned recognition from both peers and national legal organizations. Joseph has been selected to Pennsylvania Super Lawyers from 2018 through 2025, holds Martindale-Hubbell’s AV Preeminent rating, and has been recognized by The National Trial Lawyers Top 100, the American Bar Foundation, and The National Association of Distinguished Counsel.
What Are Partial vs. Total Disability Benefits in Pennsylvania?
Total disability benefits apply when an employee cannot return to work because of a work-related injury. Eligible workers may receive about two-thirds of their average weekly wage, subject to the maximum compensation rate for the year of injury.
Benefits may continue while the worker remains unable to return to available work unless they are modified, suspended, or terminated through the workers’ compensation process. After 104 weeks of total disability benefits, the employer or insurer may request an impairment rating evaluation (IRE). If the worker’s impairment rating is less than 35%, disability status may be changed to partial disability.
Partial disability benefits may apply when an injured worker returns to work but earns less than before the injury. Benefits generally equal two-thirds of the difference between the worker’s pre-injury and post-injury earnings, provided the combined amount does not exceed pre-injury wages. Partial disability benefits are limited to 500 weeks. During that period, a worker whose impairment rating is 35% or greater may petition to be reinstated to total disability status.
| Factor | Total Disability | Partial Disability |
|---|---|---|
| Ability to work | Entirely unable to work | Can work at reduced capacity or wage |
| Wage benefit | About two-thirds of average weekly wage, subject to the maximum rate for the injury year | Two-thirds of the difference between pre-injury and current earnings |
| Duration | Until return to work or benefit modification, suspension, or termination | Capped at 500 weeks |
| Impairment rating role | Below 35% after 104 weeks may convert to partial disability status | 35% or greater may support reinstatement to total disability status |
Key Takeaway: An impairment rating evaluation can move you between benefit categories. A rating under 35% after 104 weeks of total disability can shift you to partial disability, while a rating of 35% or higher can support a return to total disability status.
How Do You Challenge a Denied Workers’ Comp Claim in PA?
If the insurer denies your claim, you can usually challenge the denial by filing a Claim Petition. If benefits are later stopped, suspended, or modified, a different petition may be required depending on what action the employer or insurer took. The Workers’ Compensation Office of Adjudication assigns your case to a workers’ compensation judge (WCJ), who holds hearings, reviews medical and factual evidence, and issues a written decision.
If you disagree with the WCJ’s decision, you or any other aggrieved party may appeal to the Workers’ Compensation Appeal Board (WCAB) by filing a Notice of Appeal within 20 calendar days of the circulation date of the WCJ’s decision. The WCAB reviews whether the decision is supported by substantial and competent evidence and follows the law, and further appeals may be taken to the Commonwealth Court.
Key Takeaway: Act quickly if you receive an unfavorable decision. Pennsylvania gives you only 20 calendar days from the circulation date of the workers’ compensation judge’s decision to appeal to the WCAB.
Can You Settle a Workers’ Compensation Claim in Pennsylvania?
Yes. Many Pennsylvania claims resolve through a Compromise and Release Agreement, in which the injured worker accepts a lump-sum payment in exchange for resolving some or all future workers’ compensation benefits tied to the claim. These agreements are governed by Section 449 of the Act and must be approved by a workers’ compensation judge, who confirms that the worker understands the terms.
A Compromise and Release can provide certainty and immediate funds, but it may end future wage-loss and medical benefits. Because the trade-offs depend on your injury, your prognosis, and your finances, review any proposed settlement carefully before you sign.
Working with a New Castle Workers’ Compensation Attorney
A work injury can leave you with medical expenses, lost income, and questions about what comes next. If your claim has been denied, your benefits have been delayed, or you are unsure how the workers’ compensation process applies to your situation, speaking with a workers’ compensation attorney early can help you protect your rights.
New Castle workers’ compensation attorneys Joseph A. George and Lawrence M. Kelly represent injured workers throughout New Castle, Lawrence County, and the surrounding areas. Our team helps clients with reporting issues, benefit disputes, IME concerns, appeals, and settlements.
Call Luxenberg Garbett Kelly & George P.C. at (724) 658-8535 to schedule a free consultation. Our office is located at 315 N Mercer St, New Castle, PA 16101, and we serve injured workers across Lawrence County, Butler County, and Western Pennsylvania.
Frequently Asked Questions
How soon must I report a work injury in Pennsylvania?
You must notify your employer within 120 days of the injury or diagnosis. Reporting within 21 days allows benefits to date back to the day you were hurt, so it is best to report in writing as soon as possible.
What if my employer does not have a posted panel of physicians?
If your employer has not properly established and posted a valid panel, you may treat with the health care provider of your choice. If a valid panel exists, you must use a panel provider for the first 90 days, except for emergency care.
Do I have to attend an Independent Medical Examination?
Yes. The employer or insurer may request an examination by a doctor of its choice. If you refuse, the employer may ask a workers’ compensation judge to order the exam, and failing to attend after an order can result in suspension of benefits.
How long do I have to file a formal workers’ comp claim?
You typically have three years from the date of injury to file a Claim Petition under Section 315 of the Act. This filing deadline is separate from the 120-day notice requirement.
How long do I have to appeal a judge’s decision?
You have 20 calendar days from the circulation date of the workers’ compensation judge’s decision to file a Notice of Appeal with the Workers’ Compensation Appeal Board.
