Workers’ compensation - Pennsylvania

Summary of differences between federal and state regulations

There is no federal workers’ compensation requirement for most private employers.

Insurance requirement: Competitive state fund or self-insurance by private carrier, individual employers, and groups of employers.

Exemptions from WC: Agricultural employers that pay all workers less than $1,200 in wages per year or employs only one person for less than 30 days in a calendar year. A spouse or child under 18 of an agricultural employer is not considered an employee unless hired under an expressed written contract.

Medical benefits provided: Full.

Physician selection: Employee selects physician from a list maintained by employer. If no list posted, employee can choose any physician.

Benefits for temporary total disability (TTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits subject to Social Security benefit offsets, and by those under an employer-funded pension plan as well as for severance pay.

Benefits for permanent total disability (PTD): 66 2/3 percent of worker’s wage for duration of disability. Benefits subject to Social Security benefit offsets, and by those under an employer-funded pension plan as well as for severance pay.

Benefits for permanent partial disability (PPD): 66 2/3 percent of worker’s wage for a maximum of 500 weeks. Compensation for nonscheduled awards is determined at 66 2/3 percent of the difference between the wages of the injured employee and the earning power of the employee, thereafter up to the state’s average weekly wage. Benefits subject to Social Security benefit offsets, and by those under an employer-funded pension plan as well as for severance pay.

Scheduled awards: Scheduled awards are paid in addition to and upon termination of TTD benefits. Awards are not reduced because of receipt of TTD benefits.

Disfigurement benefits: 66 2/3 percent of worker’s average weekly wage is paid for serious and permanent disfigurement of head, face, or neck.

Death benefits for surviving spouse and children: Spouse alone receives 51 percent and spouse with children receive 66 2/3 percent of employee’s wage for the period of widow/widowerhood; children until 18. Two-year lump sum payable to widows upon remarriage. Children receive benefits beyond age 18 if disabled, or until age 23 if full-time students.

Maximum burial allowance: $3,000. A maximum of $750 will be paid directly to the undertaker for burial in cases of death resulting from occupational disease.

Waiting period: 7 days. Compensation is retroactive if disability continues for 14 days or more from date of injury. There is no waiting period for scheduled injuries.

Rehabilitation: Physical rehabilitation (PR) is covered under medical services. No vocational rehabilitation provision in law. If employee does not accept PR there is no compensation for increased disability during refusal period.

Attorney fees: 20 percent, statute, determined by agency.

Occupational hearing loss statutes: Employee has 3 years to file for compensation. Compensation for one ear is maximum 60 weeks; for two years maximum 260 weeks. There is a deduction for preexisting loss.

What’s new - www.dli.pa.gov/Businesses/Compensation/WC/Pages/default.aspx

State

Contact

Bureau of Workers’ Compensation

Regulations

Pennsylvania Code, Part 7, Workers’ Compensation Appeal Board -
http://www.pacode.com/secure/data/034/partVIItoc.html

Pennsylvania Code, Part 8, Bureau of Workers’ Compensation -
http://www.pacode.com/secure/data/034/partVIIItoc.html

Federal

Contacts

None.

Regulations

None.