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Pennsylvania Workman's Compensation Laws

    • Workers' compensation is a wage-loss compensation employees can receive for on-the-job injuries or death. The injury, disease or illness must be caused by conditions encountered at work. It can be funded by the employer, private insurance or the state's workers' compensation fund. In Pennsylvania employers are required to carry workers' compensation insurance for their employees.

    Filing the Claim

    • The employee should report the injury as soon after it occurs as possible to a supervisor or employer. Pennsylvania allows 120 days for the injured employee to file a claim. Failure to do so can delay benefits or lead to a denial. Once the employee has missed a scheduled shift, or day of work, because of the injury, the employer must file a First Report of Injury to the Bureau of Workers' Compensation documenting the incident. If the employer denies the claim, the employee can file a petition for a hearing with a workers' compensation judge.

    Total Disability

    • Total disability applies to employees unable to work as a result of the on-the-job injury. It is a weekly payment based on a percentage of the employees' wages. After 104 weeks of receiving this benefit, the employer can request a medical exam to determine whether the employee is at least 50 percent disabled. If the employee is not at least 50 percent disabled, her status may change to partial disability.

    Partial Disability

    • The partial disability benefit has a maximum benefit period of 500 weeks and is also based on a percentage of the employee's wages. Partial disability is paid if the employee isn't totally disabled, or can return to work at a position for lesser pay than his previous position. If during the period the employee is receiving this benefit a doctor's exam finds the disability has increased to at least 50 percent, the employee may file for total disability.

    Occupational Disease

    • An employee who has obtained a disease because of a specific occupation, or who has a disease that was aggravated by the conditions of an occupation, can file for disability benefits for an occupational disease. The disability must be reported within 300 weeks of the last date of employment in the occupation. Some lung diseases require exposure to asbestos, silica or coal for at least two years to qualify as an occupational disease.

    Death Benefits

    • Death benefits under workers' compensation provide payment to the spouse and/or children of the employee based on the employee's wage. A cap on death benefits will be based on the employee's actual wages. Burial expenses may be covered by the death benefit.

    Benefit Amount

    • Pennsylvania allows a weekly compensation benefit of two-thirds of the injured employee's weekly wage up to the state allowable maximum amount. The Department of Labor and Industry set the weekly maximum workers' compensation benefit amount at the average weekly wage for the state.



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