Workers’ Compensation in Pennsylvania: 5 Frequently Asked Questions

January 8, 2026 | Workers’ Compensation

Workers' Compensation in Pennsylvania: 5 Frequently Asked Questions

If you’ve been injured on the job in Pennsylvania, you likely have questions about your rights and what steps to take next. The workers’ compensation system is designed to provide wage replacement and medical benefits to injured employees without the need for lengthy litigation. 

Below are five of the most frequently asked questions about workers’ compensation in Pennsylvania.

1. What Types of Benefits Does Workers’ Comp Offer?

Workers’ compensation in Pennsylvania provides several benefits to eligible employees:

  • Medical benefits for all your reasonable and necessary medical treatment related to your work injury, including hospital bills, surgery, therapy, and medication.
  • Wage loss benefits if your injury causes you to miss work or limits your ability to earn your full wages. You may be entitled to partial wage replacement, typically about two-thirds of your average weekly wage, up to a state-set maximum.
  • Specific loss benefits if you lose the use of a body part (e.g., arm, leg, finger) or suffer disfigurement, you may receive compensation based on a predetermined schedule.
  • Death benefits if a worker dies due to a job-related injury or illness. Surviving dependents (such as a spouse or children) may be eligible for death benefits.

These benefits are designed to help you recover and maintain financial stability during your time off work.

2. Can I Still Get Benefits if I Was At-Fault for the Accident?

Yes. Workers’ compensation in Pennsylvania is a no-fault system, which means you can typically receive benefits regardless of who caused the accident (even if it was your own mistake). This system is meant to protect both employees and employers by reducing the need for lawsuits and ensuring injured workers receive prompt care.

However, there are exceptions, and your benefits may be denied if the injury was caused by:

  • Intoxication (drugs or alcohol)
  • Intentional self-harm
  • Fighting or horseplay not related to work

As long as your injury occurred while performing your job duties and wasn’t due to misconduct, you are generally eligible for benefits.

3. Can I Sue My Employer?

In most cases, you cannot sue your employer for a workplace injury in Pennsylvania. The workers’ compensation system is the only recourse for injured workers, meaning you give up the right to sue your employer in exchange for guaranteed benefits.

However, there are exceptions. If a third party (such as a contractor or equipment manufacturer) caused your injury, you may have a personal injury claim in addition to your workers’ comp claim. A third-party claim allows you to seek full compensation for your lost income, as well as your pain and suffering damages. 

An experienced workers’ compensation attorney can help you explore whether you are eligible to pursue a third-party claim. 

4. How Long Do I Have to File a Workers’ Comp Claim in PA?

In Pennsylvania, you must report the injury to your employer within 120 days of the incident. Failing to notify your employer within this window may result in the denial of benefits.

You must then formally file a claim with the Pennsylvania Bureau of Workers’ Compensation within three years from the date of injury (if your employer denies your claim or stops paying benefits). 

5. How Much Does it Cost to Hire a Workers’ Comp Lawyer?

Most workers’ compensation attorneys in Pennsylvania work on a contingency fee basis, meaning you pay no upfront costs. Instead, the lawyer is paid a percentage of the wage loss benefits they help you secure. This fee must be approved by a workers’ compensation judge. 

Contact the Chambersburg Workers’ Compensation Lawyers at Marzzacco Niven & Associates for Help Today

If you’ve been injured at work, don’t leave your health or financial future to chance. Let Marzzacco Niven & Associates step in and help. 

Consult with our experienced Chambersburg workers’ compensation attorneys to get the support and benefits you deserve. We offer free consultations to help you understand your rights. 

If you’ve been injured or need a lawyer to help you with your case, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Marzzacco Niven & Associates Harrisburg
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

Marzzacco Niven & Associates York
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Marzzacco Niven & Associates Wyomissing
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Marzzacco Niven & Associates Chambersburg
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Marzzacco Niven & Associates Carlisle
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Marzzacco Niven & Associates Carbondale
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Marzzacco Niven & Associates Lancaster
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Marzzacco Niven & Associates Lebanon
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963