If you’ve suffered a workplace injury in Pennsylvania, you have the right to workers’ compensation benefits that help you recover physically and financially. Pennsylvania law provides several types of workers’ compensation benefits to protect injured workers. Understanding each benefit type ensures you receive the full compensation you’re entitled to under state law.
At Munley Law, our experienced Pennsylvania workers’ compensation lawyers guide injured workers through every step of the claims process, ensuring they receive the full benefits they deserve. Call Munley Law for a free consultation with an experienced Pennsylvania workers’ compensation lawyer.
Medical Benefits in a Pennsylvania Workers’ Comp Claim
Under Pennsylvania workers’ compensation law, employers must pay for all reasonable and necessary medical care related to your work injury. This includes doctor and specialist visits, hospital treatment and surgeries, physical therapy and rehabilitation, prescription medications, medical devices and equipment, diagnostic tests and imaging, and even travel expenses for medical appointments.
Unlike some states, Pennsylvania does not impose time or dollar limits on medical benefits. Treatments that are reasonable, necessary, and related to your work injury should be covered, regardless of how long they’re needed.
What is the 90-Day Rule in Workers’ Compensation?
For the first 90 days after your injury, you may be required to see doctors from your employer’s approved provider list, but only if this list is properly posted at your workplace. After 90 days, you can choose your own doctor to continue treating your work injury. If your employer doesn’t maintain a posted provider list, you can see your preferred doctor immediately following your injury.
Pennsylvania law also protects your right to seek a second opinion if surgery is recommended. This ensures you can make informed decisions about major medical procedures. Be aware that insurance carriers may request independent medical examinations (IMEs) or utilization reviews to verify the necessity of your treatment. Your Munley Law workers’ comp attorney can help you navigate these processes to ensure your medical benefits continue uninterrupted.
Wage Loss Workers’ Compensation Benefits
When a work injury prevents you from earning your full wages, wage loss benefits provide financial support during recovery. In Pennsylvania, these benefits typically equal approximately two-thirds of your average weekly wage, subject to minimum and maximum rates that adjust annually.
Your benefit amount depends on your average weekly wage before the injury. For 2025, the maximum weekly benefit is $1,347, while the minimum is $605.75. Your average weekly wage includes:
- Your earnings in the past year before the injury
- Overtime pay and bonuses earned during that period
- And any concurrent employment income, such as a salary from freelance work or another job
It applies special rules for seasonal or newly-hired workers.
Pennsylvania imposes a 7-day waiting period before wage loss benefits begin. However, if your disability lasts over 14 days, you’ll receive retroactive benefits covering that initial waiting period. Benefits typically start within 21 days after you report your injury to your employer.
How Your Ability to Work Determines Wage Loss Benefits
The Pennsylvania workers’ compensation system classifies wage loss benefits according to your ability to work:
- Temporary Total Disability – These benefits apply when you cannot work due to injury. You receive approximately two-thirds of your average weekly wage, and these benefits continue as long as your doctor certifies you cannot work in any capacity.
- Temporary Partial Disability – These benefits apply when you can return to work but with limitations (such as reduced hours or light duty) that result in earning less than before your injury. You receive approximately two-thirds of the difference between your pre-injury wages and your current earnings.
- Permanent Partial Disability – These benefits apply when you’ve reached “maximum medical improvement” but still have a lasting impairment that affects your earning capacity. Partial disability benefits may continue for up to 500 weeks (approximately 9.6 years) under Pennsylvania law.
- Permanent Total Disability – For severe injuries that permanently prevent you from working in any capacity, benefits can continue indefinitely, providing long-term financial security. Unlike some states, Pennsylvania does not require a specific disability percentage to qualify for permanent total disability; instead, it’s based on your inability to perform any gainful employment.
If you return to light or modified duty, your benefits will be reduced based on your new earnings. For example, if your pre-injury average weekly wage was $1,200 and you return to work part-time, earning $600 per week, you would receive approximately $400 in partial disability benefits (two-thirds of the difference between your pre-injury wages and current earnings).
Your benefits may be suspended if you refuse suitable employment within your work restrictions. Additionally, benefits may be reduced if you receive Social Security Disability, unemployment compensation, severance pay, or certain pension benefits. Many injured workers eventually opt for a lump sum settlement, a Compromise and Release Agreement, that resolves future benefit rights in exchange for a one-time payment.
Specific Loss Benefits For Workman’s Compensation Claims in PA
Pennsylvania workers’ compensation provides set benefits for permanent loss of particular body parts or their function. These “specific loss” benefits are paid regardless of whether you miss work and are in addition to other medical and disability benefits.
The Pennsylvania Workers’ Compensation Act establishes specific payment periods for each type of loss. For example, the loss of a thumb entitles you to benefits for 100 weeks, while the loss of a leg provides benefits for 410 weeks. These benefits compensate you for the permanent impact on your quality of life and earning capacity.
Specific loss benefits cover a wide range of permanent injuries. The benefit schedule varies based on the body part affected:
- Hand: 335 weeks
- Forearm: 370 weeks
- Arm: 410 weeks
- Foot: 250 weeks
- Lower leg: 350 weeks
- Leg: 410 weeks
- Eye: 275 weeks
- Hearing (one ear): 60 weeks
- Hearing (both ears): 260 weeks
- Thumb: 100 weeks
- First finger: 50 weeks
- Second finger: 40 weeks
- Third finger: 30 weeks
- Fourth finger: 28 weeks
- Big toe: 40 weeks
- Other toes: 16 weeks each
Workers’ Compensation Death Benefits
When a work-related injury or illness results in death, Pennsylvania workers’ compensation provides financial support to surviving dependents. These death benefits help families cope with both the immediate expenses and the long-term economic impact of losing a loved one.
Burial expenses are covered up to the state-determined maximum, currently set at $7,000. This helps families manage funeral costs during an already difficult time. Beyond this immediate assistance, weekly benefits are provided to eligible dependents based on their relationship to the deceased and their level of dependency.
A surviving spouse with no dependent children receives 51% of the deceased worker’s average weekly wage. This percentage increases to 60% if the surviving spouse cares for dependent children. These benefits continue for the spouse until remarriage, providing long-term financial stability.
Dependent children are protected until they reach adulthood. Benefits continue until age 18 or 23 if the child is enrolled in full-time education. This ensures that children can complete their education despite losing a parent’s income. When no surviving spouse exists, dependent children collectively receive 32% of the deceased worker’s average weekly wage, up to a maximum of 60%.
The law also recognizes other dependent family members. Dependent parents, brothers, sisters, grandchildren, or grandparents may be eligible for benefits if no surviving spouse or children exist. This comprehensive approach ensures that all those who relied on the deceased worker’s income receive appropriate support.
How to Ensure You Receive Your Full PA Workers’ Compensation Benefits
You must take several steps to protect your right to workers’ compensation benefits in Pennsylvania. Report your injury immediately to your supervisor or employer. While Pennsylvania law gives you 120 days to report, immediate reporting strengthens your claim and prevents delays in benefit payments.
Seek medical treatment promptly, using an employer-designated provider if required under the 90-day rule. Thorough medical documentation establishes the connection between your workplace incident and your injuries. Keep detailed records of everything related to your injury and treatment, including medical bills, prescriptions, and travel expenses for appointments.
Following all treatment plans prescribed by your healthcare providers is crucial. Failure to attend appointments or follow medical advice can give insurance companies grounds to challenge or terminate your benefits. Before accepting any settlement offer, consult with a Pennsylvania workers’ compensation lawyer who can evaluate whether it fairly compensates you for both current and future needs.
Remember that employers and insurance companies often prioritize minimizing costs rather than maximizing your benefits. Experienced legal representation ensures someone fights exclusively for your interests throughout the claims process.
Will I Continue to Receive a Paycheck While I’m Out on Workers’ Compensation?
In Pennsylvania, your employer typically doesn’t pay your wages directly during this period. Instead, the workers’ compensation insurance carrier makes payments according to the above benefit rate calculations.
Some employers offer salary continuation plans that supplement workers’ compensation benefits, bringing your income closer to your pre-injury earnings. However, these plans are voluntary and not required by Pennsylvania law. Most workers receive their benefits directly from the insurance carrier, typically starting within 21 days after reporting the injury and continuing on a regular schedule, usually biweekly.
The transition from regular paychecks to workers’ compensation benefits can create financial challenges for many families. The reduction to approximately two-thirds of your pre-injury wages often requires budget adjustments. A skilled workers’ compensation attorney can help ensure your average weekly wage is calculated correctly to maximize your benefit amount and explore all potential sources of compensation.
Why Choose Munley Law for Your Pennsylvania Workers’ Compensation Claim
Since 1959, Munley Law has protected injured workers’ rights throughout Pennsylvania. Our workers’ compensation lawyers bring decades of experience handling complex claims to every case we accept, resulting in a record of successful outcomes for injured workers across all industries and injury types.
Our Pennsylvania workers’ comp attorneys possess in-depth knowledge of Pennsylvania workers’ compensation laws and stay current with all legislative changes and court decisions that might affect your claim. We maintain the resources necessary to challenge large insurance companies, including access to medical experts, vocational specialists, and economic analysts when needed to support your case.
Perhaps most importantly, we bring an understanding of injured workers’ challenges. We recognize that a workplace injury affects your physical health, financial security, family relationships, and overall quality of life. This understanding informs our approach to every client interaction and strategic decision in your case.
We handle workers’ compensation cases on a contingency fee basis, meaning you pay nothing unless we obtain benefits for you. This approach ensures legal representation is accessible to all injured workers, regardless of their financial situation during recovery.
Don’t navigate the workers’ compensation system alone. Contact Munley Law today for a free, no-obligation consultation with a Pennsylvania workers’ compensation lawyer who will fight for the benefits you deserve.
