What is the Pennsylvania Workers’ Compensation Act?

The Pennsylvania Workers’ Compensation Act was created in 1915. With numerous changes over the 100 years since being enacted and thousands of court decisions interpreting the law’s terms, it is impossible to describe every rule and exception or identify the unique circumstances in every case. This outline describes the “highlights” to provide a general understanding of the law.

Purpose of the Law

Before workers’ compensation laws existed, an injured worker had no right to benefits unless they could prove the employer’s “negligence” caused the injury. Considering the nature of work typically available in 1915 (factories, construction, coal mining) and the level of technology and safety that existed, many workers were injured or killed simply due to the dangers of the job, with no negligence or wrongdoing by the employer. As a result, many workers had no source of benefits or income due to their injuries.

Each state created its own system of benefits and procedures around this same time period. Pennsylvania’s laws are considered a “wage loss” system designed to “make injured workers whole” as if no injury occurred. It is not intended to allow an injured worker to “profit” from being injured but simply to replace the wages they can not earn due to their injury. It was an effort to compromise the rights and interests of the employee with the rights and interests of their employers – with the balance favoring the injured worker.

Workers’ Compensation Benefits Available

“The Grand Bargain of 1915” eliminated the employee’s obligation to prove negligence. Still, in exchange, the law limited the benefits available for a work-related injury to wage loss benefits and payment of medical bills for treatment that is reasonable, necessary, and related to the work injury. No pain and suffering is available in workers’ compensation claims – even if the employer was negligent. The injured worker may not “choose” to pursue a separate (or alternative) negligence lawsuit – but is exclusively limited to the benefits available under the Workers’ Compensation Act. As with most general rules, there are limited exceptions, such as when an employer illegally fails to carry workers’ compensation insurance or where the employer acts in a “dual capacity.”

There are also unique circumstances where other benefits may be available – such as a disfigurement (above the collar bone); fatal claim benefits for dependents of a worker killed due to a work-related incident; and “additional compensation” for illegally employed minors.

Contact Schmidt, Kirifides, Rassias, & Rio

You have certain rights as an employee, and Schmidt, Kirifides, Rassias, and Rio do everything we can to protect them. Call 610-892-9300 today or message us online to learn more about our firm and how we can help you.