Every workplace carries risk, no matter how safe it seems. Accidents happen, and a fall on the job, an injury from a machine or heavy equipment, or years of exposure to chemicals can change your life in an instant.
When that happens in Pennsylvania, workers’ compensation steps in. It’s a safety net designed to prevent injured employees and their families from shouldering the financial burden alone.
Workers’ compensation pays for medical treatment, helps when an injury keeps you from returning to your old job, and provides for families after a work-related death.
Knowing how these protections work and when they apply is key to making sure you receive every benefit the law provides.
Our Pennsylvania workers’ compensation lawyers have created this guide will walk you through the essentials. You’ll see what kinds of injuries and illnesses qualify, how benefits are calculated, the deadlines that matter, and what to do if your claim is denied or cut off. You’ll also find explanations about choosing doctors, the difference between workers’ comp and group benefits, and how appeals move forward if your case comes before a judge. By the end, you’ll have a clear picture of your rights, so you can confidently act on them.
Definition of Workers’ Compensation
Workers’ compensation laws impose responsibility on employers for workplace accidents. By definition, workers’ compensation makes the industry responsible for compensating workers (or their survivors) who have been injured or killed on the job.
No matter who or what was responsible for the accident, an injured worker can receive compensation for their injury while working. Even if your employer has done everything in their power to reduce hazards and create a safe work environment, they’re still obligated to cover a large portion of your financial losses if you’re injured while doing your job.
Most employers understand this and pay workers’ compensation premiums because these costs are one of their business expenses.
What Workers’ Compensation Is Not
There are a few important points to remember about workers’ compensation and what it is not:
✗ Workers’ compensation does not replace a full-time job.
✗ You will not receive 100% of your wages through workers’ compensation.
✗ The insurance does not cover compensatory claims such as pain and suffering or other quality-of-life issues.
Speak with a workers’ compensation lawyer near me.
Injuries Covered by the Workers’ Compensation Act
The Pennsylvania Workers’ Compensation Act covers a wide range of injuries. Rather than list them all here, it’s easier to say the law entitles you to workers’ compensation if your work causes you an injury, illness, or disability, or irritates an existing medical or physical condition or disability.
Your eligibility for benefits will not be affected if you already have a medical or physical condition such as diabetes, a heart condition, or an old high school sports injury. For example, a man who has had a problem with his right knee for years because of a football injury is eligible for workers’ compensation if his job worsens his knee problem.
If your employer denies you workers’ compensation because of a disability or a medical or physical condition you already have, they either don’t know the law or they’re not being honest with you.
Injuries Not Covered by the Act
The Workers’ Compensation Act does not cover some injuries. These include:
- Intentionally self-inflicted injury or death.
- Injury or death caused by an employee breaking the law, such as by using drugs illegally.
- Depending on various factors, injury or death caused by intoxication also might not be covered.
Work-Related Disease or Illness
You could develop a severe disease or illness, or an existing medical or physical condition could be irritated, if you’re exposed to the following substances over long periods:
- Chemicals
- Dust
- Fumes
- Solvents and other compounds
You are eligible for workers’ compensation if your job causes your disease or illness, whether whole or in part.
How Much Compensation Will You Receive?
Total Disability
You are entitled to weekly cash benefits if you’re totally disabled by your job.
These workers’ compensation benefits are payable on the eighth day you cannot work. You might receive benefits payable after the first week if your condition lasts longer than 14 days.
When injured, you will usually receive two-thirds of your pay, although this amount may be subject to minimums or maximums.
These benefits are tax-free and will last for as long as you have the condition.
Total Disability Reviews
Your work-related disability will be reviewed after two years, in keeping with the Workers’ Compensation Act amendments.
This Impairment Rating Evaluation (IRE) includes a medical examination by an IRE-certified physician. The physician will follow the IRE guidelines established by the American Medical Association to give you an impairment rating indicating a percentage of disability.
According to AMA guidelines, if you are not at least 50% disabled, your total disability will be converted to a partial disability. If this happens, the compensation period will extend for 500 weeks.
Partial Disability
You’re eligible for workers’ compensation if your job partially disables you and your partial disability prevents you from performing your old tasks and earning your old pay. If you experience a loss of earnings because of partial disability, the law entitles you to receive weekly benefits.
These benefits are equal to two-thirds of the difference between your average weekly wage at the time you were injured and what you’re currently earning. You may receive partial disability benefits for up to 500 weeks or for as long as you work at the lower wage.
Specific Loss
Specific loss is a legal term referring to amputation, the loss of arms, legs, fingers, or toes, or disfigurement of the face, head, or neck due to a work injury. The term also includes losing vision or hearing due to a work injury.
You may be entitled to workers’ compensation if you experience a specific loss. Employers usually use the following guidelines to determine payments:
| Specific Loss or Permanent Loss of Use | Maximum # of Weeks of Compensation | Healing Period |
| Hand | 335 | 20 |
| Forearm | 370 | 20 |
| Arm | 410 | 20 |
| Foot | 250 | 25 |
| Lower Leg | 350 | 25 |
| Leg | 410 | 25 |
| Eye | 275 | 10 |
| Thumb | 100 | 10 |
| Index Finger (1st Finger) | 50 | 6 |
| Middle Finger (2nd Finger) | 40 | 6 |
| Ring Finger (3rd Finger) | 30 | 6 |
| Little Finger (4th Finger) | 28 | 6 |
| Great Toe | 40 | 12 |
| Any Other Toe | 16 | 6 |
| Hearing | ||
| Complete Loss in Both Ears | 260 | 10 |
| Complete Loss in One Ear | 60 | 10 |
| Disfigurement, Head, Neck, or Face, Maximum | 275 | None |
If you lose half of your thumb, finger, or toe, the law entitles you to workers’ compensation for half of the weeks mentioned.
Questions? Call our PA workers’ compensation lawyer.
How to Calculate Workers’ Compensation Benefits
Average Weekly Wage Formulas
Any workers’ compensation benefits you receive are based on your average weekly wage and are calculated using a specific formula. You should know how to calculate the amount you’re supposed to accept, as this helps you ensure you’re receiving the correct payments.
Speak to your employer and/or insurance carrier if you have questions about your benefit calculation.
Remember:
- Total disability benefits are two-thirds of your average weekly wage up to the maximum.
- If you return to work and earn less because of your injury, partial disability benefits are two-thirds of the difference between your average weekly wage and your earnings after the injury.
Calculating Average Weekly Wage (AWW)
Knowing how to calculate your average weekly wage (AWW) can count in your favor, as it’s your right to get all the workers’ compensation benefits the law entitles you to. Calculating that you should get a few more dollars per payment could add up to hundreds of dollars over the life of the claim.
Familiarize yourself with these essential points before learning about the different methods used to calculate the AWW:
- The AWW does not follow a standard 40-hour work week.
- Your AWW includes gross wages from all employers and includes overtime, incentives, bonuses, board, lodging, gratuities (if at least one-third of your wages are in tips), and second jobs with no deductions.
- Bonuses and vacation pay are prorated over the year you earned them.
AWW Calculation Formulas
These methods are used to calculate the AWW:
- Method 1: You are paid on a fixed weekly basis: AWW = your weekly wage.
- Method 2: You’re paid a fixed monthly wage: AWW = your monthly wage multiplied by 12 and divided by 52.
- Method 3: You are paid a fixed yearly wage: AWW = your yearly wage divided by 52.
- Method 4: You’re paid by the hour, day, or productivity: AWW = Divide by 13 the total wages you earned in each of the highest three of the last four consecutive periods of 13 calendar weeks in the 52 weeks immediately before the injury and average the total amounts earned during these periods.
- Method 5 (New Employees): A. If you haven’t worked three consecutive periods of 13 weeks in the year before your injury: AWW = Divide any completed periods by 13 and average the amounts earned during those periods. B. If you worked less than a complete 13-week period before your injury: AWW = your hourly rate multiplied by the number of hours you were expected to work per week under the employment terms. The Workers’ Compensation Act does not specify whose expectation is considered in the event of a dispute.
- Method 6 (Seasonal Employees): AWW = your total earnings over one year before your injury divided by 50. If exceptional causes prevent this calculation from reflecting your earnings fairly, it can be extended to provide a fairer AWW.
Fringe Benefits Excluded
Fringe benefits are not included in employees’ AWW calculations for workers’ compensation.
These benefits include, but are not limited to:
✓ Health insurance
✓ Life insurance
✓ Pension
✓ Retirement
✓ Social Security
✓ Other plans of benefit to you or your dependents
Medical Benefits
All necessary costs associated with medical care and treatment of your injury, illness, or disease will be covered by workers’ compensation, even if you haven’t lost any time from work. The insurance carrier will pay 113% of the amount the healthcare provider would receive from Medicare for the same service.
If there’s a difference between the total bill for medical care, treatment, and other services rendered and the amount paid by the insurance carrier, the healthcare provider is not allowed to bill you for it.
Life-long treatment: If you need to receive life-long treatment because of your injury, you can continue collecting payments for your medical bills from the insurance carrier.
Death Benefits
If an employee is killed while on the job, workers’ compensation will cover funeral expenses up to $7,000.
The law also covers dependents who lost loved ones to work-related injuries, illnesses, or diseases.
Dependents: A dependent is someone who relies on the worker’s income for support, such as a spouse, children, or parents.
We’re available to speak 24/7.
Giving Notice: The “ASAP Rule”
There’s a good reason you will see signs saying “If you are injured at work, tell your supervisor as soon as possible” in workplace cafeterias and washrooms. Injury, illness, and disease aren’t games, so don’t keep the pain to yourself.
An injured worker often completes their shift and goes home thinking the pain will subside. Some workers return home injured because they believe their injury isn’t serious or don’t want to bother the dispensary team.
Workers like these might be unable to get out of bed the next day. If they put in a workers’ compensation claim later, their employer might fight it because they did not “give notice in a timely fashion.” This is why telling your employer about your injury, illness, or disease ASAP is essential.
120 Days to Tell Your Employer
Workers’ compensation laws say you have 120 days to tell your employer about your work-related injury, illness, or disease.
The first day is the day of injury or the day you discovered the illness or disease. Even though the law gives you 120 days to report your health or medical issue, it’s best to do it ASAP:
- If you tell your employer within the first 21 days of the injury or illness/disease discovery date, your benefits will be back paid to the injury day.
- If you report your work-related illness, disease, or injury within 21 and 120 days, your benefits will start the day you give notice.
To provide employers with affordable rates, insurance companies always check for fraudulent claims. These claims increase workers’ compensation premiums. As a result, there’s a greater chance of claims filed days, weeks, or months after an injury occurred being investigated, challenged, and/or denied.
Speak to Your Doctor
Don’t hesitate to speak to your doctor about work and the daily hazards you’re exposed to. You need to tell your employer if you suspect that work caused your injury or illness. In legal terms, this is known as “giving notice.”
This is where your doctor comes into the picture. They are the only person who has the authority to say whether you can return to work safely after being injured.
Be Proactive with Your Health
Tell your doctor if something is wrong and you suspect it’s work-related. Additionally, tell them about your workplace and the hazards you suspect are causing your pain or illness.
It’s important to be proactive with your health, as most physicians don’t have the time to ask many questions to get a sense of your medical history. Doctors aren’t mind-readers; they can only work with what you tell them, so again, be proactive.
When Will You Receive Benefits?
You should start receiving workers’ compensation benefits within 21 days of your employer being told about your injury, unless you are denied compensation.
Contact Munley Law’s personal injury lawyers and file a claim if you are denied compensation within this time.
You Are Entitled to Have the Compensation Check Mailed to Your Home
If you want your compensation check mailed to your home, you can ask for this to be done. That’s the law. No one has the right to insist that you must pick up your check at the office.
If your employer tells you to do something other than what the law says, contact Munley Law or a union official.
Choice of Doctor
You are required by law to choose a doctor from a list of doctors chosen by your employer for the first 90 days of medical care.
According to the law, there must be at least six doctors on the list.
- Your employer cannot and should not choose a doctor for you.
- You can choose another doctor on the list if the first choice doesn’t suit you.
- These lists usually have a letterhead from the workers’ compensation insurance carrier.
- The sheet should explain your rights and obligations under the law.
- You are free to choose your own doctor if your employer does not give you a list.
If your work-related injury, illness, or disease requires treatment that lasts longer than 90 days, you can then choose your own doctor. If you choose a doctor who isn’t on your employer’s list after the 90-day period, you must tell your employer within five days of your visit.
During your treatment, your employer or their insurance company is entitled to receive monthly reports from your doctor or healthcare provider.
- In this legal sense, the word “doctor” means any licensed practitioner of medicine or what is called the “healing arts.”
- Doctors include chiropractors, medical (MD), and osteopathic (DO) doctors.
What Happens If the Company Doctor Certifies You to Return to Work Within the 90-Day Period?
The company doctor may certify you to return to work within the initial 90-day period. Seek a second opinion from your doctor if this happens.
Remember, you will have to pay for the visit to your doctor if this happens during the first 90 days.
You do not need to return to work if your doctor does not permit you to return to work, no matter what your employer suggests or demands.
After the initial 90-day period is over, you may continue to receive treatment from your doctor and have their services paid for by workers’ compensation insurance. Consult one of our personal injury attorneys as soon as possible if you have any questions about this.
Workers’ Compensation Nurse
You have no obligation to meet with or share any of your medical information or work injury, illness, or disease information with a workers’ compensation nurse.
You also do not need or agree to have a workers’ compensation nurse go to your doctor’s appointments with you. Additionally, you do not have to or agree to have a workers’ compensation nurse talk to your doctor.
- A workers’ compensation nurse is not required to participate in your treatment in any way.
- If you do not want a workers’ compensation nurse, tell them you don’t want them.
Workers’ Compensation Benefits vs Group Benefits
Sometimes, employers or injured workers confuse workers’ compensation benefits and group benefits. There should not be any confusion, as the two types of benefits are distinctly different.
Group benefits are disability payments people receive for non-work-related injuries. Known properly as “sickness and accident (S&A) benefits,” this group provision is NOT a substitute for workers’ compensation, which covers injuries that happen on the job.
If you are injured at work, you should apply for workers’ compensation.
Why Workers’ Compensation Benefits are Better than Group Benefits
There are a few other reasons why workers’ compensation benefits are better than group benefits:
- Taxes: Workers’ compensation benefits aren’t taxable, unlike group benefits. Withholding taxes are deducted from group benefits.
- More Money: The benefits paid by workers’ compensation are better than group benefits. Under workers’ compensation insurance, you receive two-thirds of your gross pay or $1,347.00 per week, whichever is lower. Group benefits are usually lower than $150 per week.
- Longevity: Workers’ compensation covers the total disability with payments for as long as you need them. Depending on the injury, the payments could last for the rest of your life. Generally, group benefits last for up to 26 weeks, although they usually last for less time.
- Pay Scale Adjustment: If you are injured, receive workers’ compensation, and perform certain tasks because of your injury, you will not lose a large amount of your pay. Workers’ compensation pays two-thirds of your pay loss if you return to work at a job with lower rates and limited duties because of your injuries. Group benefits do not pay this adjustment.
- Medical Coverage: Workers’ compensation pays all your work-related medical bills. Under a group benefits plan, your coverage may be limited depending on your employer’s insurance carrier.
In some cases, your employer might deny you workers’ compensation benefits. Apply for group benefits if this happens. Contact one of our personal injury lawyers and file for workers’ compensation once you start receiving payments.
Your “Right to Know” About On-the-Job Hazards
All employees have the right to know about hazardous materials, such as chemicals used in the workplace.
There are two laws that deal specifically with your right to know. These laws were created to help improve workplace health. They include:
OSHA Medical Access Regulation
The federal Occupational Safety and Health Administration Medical Access Regulation gives you the right to check your medical records held by your employer. Under this law, you can ask for information about air quality and the types of chemicals used in your workplace.
You can find detailed information about the chemicals by getting a Material Safety Data Sheet (MSDS). Chemical producers must provide an MSDS when they make a sale. The MSDS features the chemical or compound name (sometimes combined with the common name), the ingredients and their concentrations, physical properties, exposure hazards, and recommended first aid treatments.
Chemical manufacturers give MSDSs to employers. If you work with chemicals, your employer and physician should have this information on file if you suspect you have a disease or illness caused by chemicals. The law entitles you to copies of this information if you ask for it.
If an MSDS is not available, your employer must give you information about the chemicals and/or their ingredients. Sometimes, the chemical information you want is a “company secret.” You are still entitled to the information, although your employer might ask you to sign a confidentiality agreement.
- One flaw of the MSDS access standard is that your employer’s only required to give you the information they have on file.
- The law does not require safety information to be up to date.
- Another flaw is that MSDSs sometimes provide only a partial list of ingredients.
OSHA Hazard Communication Standard
The OSHA Hazard Communication Standard exists to help make you aware of the chemical hazards at work. To comply with this standard, your employer must:
✓ Inform you about hazardous chemicals and the OSHA rule.
✓ Clearly label hazardous substances as hazardous and with warnings about the short- and long-term exposure risks (e.g., “Skin irritant; long-term exposure is known to cause certain types of skin cancer in laboratory animals.”)
✓ Provide the MSDSs for every hazardous chemical used when asked for them.
✓ Outline and provide a written hazard communication standard that explains how your employer complies with the law.
An important aspect of this safety standard is that it sets out training on how to safely handle potentially hazardous chemicals or compounds. Part of the training includes knowing how to read chemical labels and symbols, knowing how to read an MSDS, and knowing where to find one.
- If your employer is not following the law, report them to your nearest OSHA office.
- Your employer will be inspected after OSHA has received your complaint.
- If your employer is found to have violated the law, they must start complying with it or face a steep fine.
Other Ways to Obtain Information
There are other ways to obtain chemical information if you struggle to get it from your employer. Some chemical manufacturers send MSDSs on request. Write to the manufacturing company and ask them for an MSDS, or check the chemical containers for information. Your co-workers might also be able to give you the information you need (it’s also in their best interests to know about the chemicals used in the workplace).
- If you’re a union member, you should ask for chemical safety information through your union’s health and/or safety committee.
- Working through a union is usually the fastest, most reliable way of doing things, compared to legal action or filing a grievance.
What to Do if Your Request for Workers’ Compensation is Denied
You have three years from your injury to file a claim with the Bureau of Workers’ Compensation if your employer denies you compensation.
It is your responsibility to file a claim. If you do file a claim, it is best to ask one of our personal injury lawyers, as they know the current workers’ compensation laws and have experience representing injured workers. Most lawyers will represent you on a contingent-free basis. The idea is that we do not get paid unless we get money for you.
What to Do if Payments Stop
Contact one of the Munley Law workers’ comp lawyers if your workers’ compensation payments stop for any reason.
What to Consider When You Do Return to Work
You should only return to work if your doctor advises you to do so. Your doctor should advise you in writing if your injury, illness, or disease restricts you (or does not restrict you) from performing specific tasks.
For example, a worker who injures his or her back might be told to work under a “light duty status.” A restriction like this might limit the weight that a person can lift safely. Give a copy of your doctor’s recommendation to your supervisor so you can avoid being assigned jobs that might injure you.
On your first day back at work, have someone such as a friend, co-worker, or union representative accompany you. That person should witness what happens when you report back to work.
Do not sign any forms if the work you are returning to is anything other than your regular job or if you feel you have not recovered from your injury.
Beware of Signing Final Settlement Receipts
Your employer might ask you to sign a pink form called a “Final Settlement Receipt of Compensation.” This receipt ends your workers’ compensation benefits, despite what you might hear.
Do not sign this form or any other form unless your doctor says you have fully recovered from your injury, illness, or disease. Alternatively, ask your employer for a “Supplemental Agreement” so you can suspend compensation benefits while you are working.
Employers often say the final compensation payment is withheld until the employee signs the Final Settlement Receipt. This is not true. If someone threatens to cut off your payments because you refused to sign the Final Settlement Receipt, contact one of Munley Law’s personal injury lawyers or your union representative.
Other Situations Where You Should Not Sign a Final Settlement Receipt
There are a few other situations under which you should not sign a Final Settlement Receipt. These include:
✗ You return to work and are paid less or work less because of your injury.
✗ Your medical treatment for your injury is ongoing.
✗ You have restrictions on the use of any part of your body because of your work-related injury.
✗ You have a scar on your face, neck, or head.
Any of the above situations may entitle you to additional workers’ compensation benefits even if you have returned to work.
Things to Watch Out For
There are a few things to watch out for before and during the process of claiming workers’ compensation benefits:
Insurance Company Doctors
Your employer might tell you to visit an insurance company doctor to get a second opinion. This second opinion might lead to your workers’ compensation benefits being cancelled. Under most circumstances, avoid the insurance company doctor unless your personal injury lawyer says otherwise.
Reasonable Medical Care
Under this guideline, the law requires you to follow any treatments, therapies, or medication regimens recommended by your doctor. Reasonable medical care includes, but is not limited to, surgery, special treatments, medications, or physical therapy.
If you refuse the recommended treatment, your employer or their insurance carrier has the right to petition the Bureau of Workers’ Compensation to have your benefits suspended.
Dealing with an insurance company doctor is a different matter. Your doctor can challenge the recommendation of an insurance company doctor who recommends a specific test, therapy, or operation. If both doctors agree to the treatment regimen, you have the obligation to arrange the treatment with your doctor. If you refuse, you might lose your benefits.
Vocational Rehabilitation Services
Part of your road to recovery may involve visits from a vocational rehabilitation practitioner. You might receive home treatments from a nurse or therapist. The purpose of these visits is to make sure you are recovering. Most rehabilitation services have the patient in mind when providing treatment, but there are some service companies that work for insurance carriers.
Be careful. Sometimes, the treatment you receive might not be in your best interest. Even if your employer or their insurance company suggests otherwise, you have the right to refuse any vocational rehabilitation services. Your recovery is between you and your doctor.
The law says you must make a “good faith effort” to return to work. This means that if you can work under certain restrictions, you should do so. The vocational rehabilitation practitioner will tell you about available jobs and the specific duties they involve.
However, your employer might not want you back at work unless you can perform your old tasks. Their insurance carrier’s vocational rehabilitation practitioner will look for jobs that fit your limitations. As mentioned above, the law requires you to make a “good faith effort” to find employment.
Always check with your physician before accepting a job. When you apply for work, keep a record of each job you apply for, the dates on which you apply, the name of the person who interviewed you, and the outcome of your interview or application. You might need this information as proof that you made a “good faith effort” to find employment.
Blank Forms
Avoid signing blank forms. If you have any questions, speak to one of our personal injury lawyers or your union representative. Make sure you get copies of any forms you sign.
The No Discrimination Rule
No one can penalize or discriminate against you in any other way for filing a workers’ compensation claim if you have a work-related injury, illness, or disease.
Retirement
If you’re receiving workers’ compensation, your employer might ask you to retire at some point, depending on your age and physical condition.
If you do retire, your retirement benefits should not affect your workers’ compensation payment amounts. However, there are instances where unsuspecting workers’ benefits are reduced when they retire.
Make sure you know and understand your pension agreement details so you don’t lose everything that’s supposed to come to you.
What to Check Before Retiring
You should check a few things before retiring or signing a pension agreement. These include:
✓ Make sure your retirement agreement does not affect your workers’ compensation benefits (and vice versa).
✓ Ensure you aren’t reducing your pension benefits only for the disability pension or only for the retirement pension when you sign a pension agreement.
For example, there might be a pension set-off against workers’ compensation if you receive a disability pension. At the same time, there isn’t a pension set-off against workers’ compensation if you’re going to receive a retirement pension. In this case, you should consider waiting to accept the pension until you qualify for workers’ compensation.
Beware of Attempts to Stop Your Benefits
Employers often continue their attempts to stop or reduce workers’ compensation after injured workers retire. You should be particularly aware of this if you have a partial disability. Your employer can stop your benefits if they can prove you voluntarily retired and stopped working while partially disabled.
If you’re available for light-duty work or part-time work when you retire, your employer cannot stop or reduce your workers’ compensation benefits unless the company can prove there is light-duty or part-time work available for you. Some retirees lost their benefits by telling their employers they were “never going to work again.” A “take this job and shove it” approach can cost you your benefits, so think before speaking to your employer.
Don’t expect a benefits check in the mail if you intend never to work again.
If you developed a disability from an injury, illness, or disease, you might be eligible for workers’ compensation benefits. Usually, it takes months or years for a chemical compound or material you used or were exposed to at work to trigger health problems.
Tell your employer if you suspect your job caused your wheezing, coughing, hearing loss, fatigue, shortness of breath, or other physical ailment. Notify your employer in person or in writing if you suspect your job worsened your physical problem. Contact one of our personal injury lawyers after “giving notice.”
Social Security
The law entitles you to Social Security disability benefits if:
✓ A total disability stops you from working for at least six months.
✓ Your recovery will last for at least one year from the date you become disabled.
You can apply for these benefits at your nearest Social Security office.
Receiving Unemployment Compensation Benefits and Workers’ Compensation Benefits at the Same Time
Depending on your situation, you may be able to receive unemployment compensation benefits and workers’ compensation benefits at the same time.
If you already receive unemployment compensation benefits and want to apply for workers’ compensation benefits, your unemployment benefits will be credited against any workers’ compensation benefits you might receive, unless your workers’ compensation benefits are for a specific loss or were obtained in a fatal claim case.
If you already collect workers’ compensation benefits, you cannot collect unemployment compensation benefits even if you suffer a specific loss or file a fatal claim petition.
Third Party Actions
A third-party lawsuit is possible if someone or something other than your employer is wholly or partly responsible for your work-related injury, illness, or disease.
Machinery with a design flaw or that lacks safety features often contributes to on-the-job injuries and is the subject of “product liability lawsuits.” While receiving compensation through a third party, such as an equipment manufacturer, is rare, it is possible.
According to the law, you can sue an equipment manufacturer for injuries caused by a malfunctioning product or a product with a design flaw. You also have the right to sue if you can prove the manufacturer did not provide adequate instructions for using the equipment.
Product Liability Lawsuits: More Information
Contact one of our personal injury lawyers if a defective product injures you. This is in your best interest, as a lawyer can hire experts to determine whether a complex piece of machinery has a design flaw or lacks safety features.
Manufacturers can be sued if the equipment they produce lacks safety features. According to the National Safety Council, contact with objects and equipment causes an estimated 16.7% of all industrial injuries, making it the third leading cause of these injuries.
In a product liability lawsuit, your attorney must prove the manufacturer failed in its duty to design a safe product.
Equipment that lacks detailed information about the dangers of use can lead to a third-party lawsuit for the manufacturer. In one such case, a worker sued (and won) because the manufacturer did not warn about the potential dangers of operators not tightening wheel nuts with a specific torque requirement.
Although the manufacturer provided instructions for using the equipment, the directions didn’t mention what could happen if specific directions were not followed.
A Final Issue to Consider
Work and Safety Health
Monitoring health and safety conditions in the workplace and preventing injuries or illness are ongoing concerns.
If you work at a union shop, you can get additional health and safety information from the International Chapter of your local union. International unions usually have health and safety departments or committees to answer members’ questions.
The Occupational Health and Safety Administration (OSHA) is another source of information. This agency is responsible for ensuring and regulating a safe work environment.
OSHA Offices in the Commonwealth of Pennsylvania
There are six OSHA offices in the Commonwealth of Pennsylvania. These include:
- Allentown: (267) 429-7542
- Erie: (814) 874-5150
- Harrisburg: (717) 782-3902
- Philadelphia: (215) 597-4955
- Pittsburgh: (412) 395-4903
- Wilkes-Barre: (570) 826-6538
The National Institute for Occupational Safety and Health
The National Institute for Occupational Safety and Health is a third source of health and safety information. This agency researches hazardous conditions and exposure to toxic chemicals in the workplace. Contact the National Institute for Occupational Safety and Health at 1-800-232-4636.
Additional Access to Chemical Information
In addition to or as an alternative to your employer or chemical companies, you can get chemical information through the Pennsylvania Department of Labor and Industry. According to the state Right to Know Law, the state Department of Labor and Industry has access to information about hazardous chemicals used in the workplace.
You can request this information by completing a form and submitting it to the PA Department of Labor and Industry, Bureau of PENNSAFE, 651 Boas Street, room 155E, Harrisburg, PA, 17121. You can fax written requests for records to 717-783-5099 or email them to [email protected]
The Flow of a Pennsylvania Workers’ Compensation Claim
Pennsylvania Workplace Injury Statistics for 2023/2024
Workplace injuries occur regularly, and if you or a family member has suffered from one, these statistics reveal that you are not alone:
- In Pennsylvania, 165,985 work injury and illness cases were reported to the bureau during the year 2024. This was 2% higher than the 162,694 reported in 2023.
- Pennsylvania’s work injuries and illnesses rate (the number of nonfatal work injuries per 100 workers) was 2.8 in 2023. The 2022 rate was 3.0. Transportation and Warehousing had the highest injury and illness rate among the major industry divisions in 2023 at 5.4.
- The highest rates of workplace injuries and illnesses in 2024 were reported in two super sectors: Education and Health Services (45,685 cases, 27.5%) and Trade and Transportation (44,111 cases, 26.6%).
- Sprain and strain injuries (58,295) accounted for 35.1% of the total cases reported in 2024.
- Contusions, crushing, and bruising injuries (36,284) accounted for 22.1% of all reported cases.
- Other injuries and illnesses (27,487) accounted for 16.6% of all cases reported.
- Cuts, lacerations, and punctures (26,546) accounted for 16% of all reported cases.
- 33.8% of sprain and strain cases affected the upper extremities (arms, hands, wrists, fingers, shoulders).
- 30.7% of contusions, crushes, and bruises, and 73% of cuts, lacerations, and punctures also affected the upper extremities.
- The most frequent types of workplace injuries in Pennsylvania in 2024 were due to overexertion (24.5%), followed by being struck by objects (22.2%) and striking against objects (11.4%).
- Injuries to the upper extremities accounted for 62,653 cases (37.7%) reported in 2024.
- Injuries to the lower extremities accounted for 37,349 cases (22.5%) reported.
- More than 40% (65,284) of the 165,985 cases reported in 2024 came from 10 of Pennsylvania’s 67 counties. The highest number of cases (14,041) came from Philadelphia, followed by Allegheny (11,320), Dauphin (8,341), Montgomery (7,122), Lancaster (4,973), York (4,181), Berks (4,071), Lehigh (3,939), Delaware (3,781), and Chester (3,515).
- Industry divisions with the highest number of workplace fatalities in 2023 were Trade, Transportation and Utilities (29%), Construction (18%), and Manufacturing (17%).
- Injuries by body part affected:
- Head: 21,812 (13.1%); Eyes: 5,530 (3.3%); Face: 3,276 (2%); Skull: 2,854 (1.7%)
- Neck: 3,217 (1.9%)
- Trunk: 27,827 (16.8%); Back: 18,718 (11.3%); Chest: 2,990 (1.8%); Abdomen: 2,889 (1.7%)
- Upper Extremities: 62,653 (37.7%); Shoulders: 11,723 (7.1%); Arms: 11,512 (6.9%); Wrists: 6,334 (3.8%); Hands: 11,021 (6.6%); Fingers: 20,052 (12.1%)
- Lower Extremities: 37,349 (22.5%); Hips: 1,748 (1.1%); Legs: 5,533 (3.3%); Knees: 13,358 (8%); Ankles: 8,134 (4.9%); Feet: 6,127 (3.7%); Toes: 1,552 (0.9%)
- Multiple Body Parts: 11,155 (6.7%)
- Body Systems: 1,349 (0.8%)
- Unclassified: 624 (0.4%)
Source: Bureau of Workers’ Compensation, Pennsylvania Department of Labor and Industry
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