Workers’ compensation in Pennsylvania operates under a completely different set of rules than a personal injury case — and the biggest difference surprises most people. Caroline Munley of Munley Law explains what you’re entitled to under the workers’ comp system and what you cannot recover, no matter how serious your injury.
Workers’ compensation in Pennsylvania operates completely differently from a personal injury case — and the biggest difference is the one most people don’t expect: no pain and suffering.
Your workers’ comp claim covers two things: your lost wages and your medical expenses related to the work injury. That’s it. Unlike a car accident or a slip and fall, you cannot recover for pain and suffering in a workers’ comp claim — regardless of how seriously you were injured or how much your quality of life has changed.
Pain and suffering is a major component of most personal injury cases. If you were hurt in a car accident and can no longer play sports, keep up with your kids, or do things you loved before, that loss has real dollar value in a PI claim. In a workers’ comp case, it doesn’t. The workers’ comp system was built as a trade-off: workers gave up the right to sue their employer for negligence, and in exchange, they get guaranteed wage and medical benefits without having to prove anyone was at fault.
What Workers’ Comp Does Cover
Medical treatment: doctor visits, surgeries, specialist referrals, physical therapy, and prescriptions related to your work injury.
Wage loss benefits: 66 and 2/3 percent of your average weekly wage while you’re unable to work, tax-free.
Specific loss benefits: if you suffer permanent loss of a body part or function, Pennsylvania workers’ comp provides an additional category of benefits on top of the standard wage and medical coverage.
Understanding this distinction is important because some injured workers may have legal options outside of workers’ comp — particularly if a third party (someone other than the employer) contributed to the injury. An attorney can evaluate whether additional claims apply to your situation.
Injured at work in Pennsylvania? Call Munley Law for a free workers’ compensation consultation with Caroline Munley, a certified workers’ comp specialist. No fee unless we win.
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