Pennsylvania’s workers’ compensation system offers vital protection for injured employees, but widespread myths often cause confusion and missed benefits. Understanding what the law actually says—and how it’s applied—can make all the difference after a workplace injury.

Below, we clarify some of the most common misconceptions about workers' comp in Pennsylvania and explain what injured workers need to know to protect their rights.

Myth #1: You Can’t Receive Workers’ Comp In Pennsylvania If the Injury Was Your Fault

A frequent misunderstanding is that fault plays a role in whether an employee receives benefits. That’s simply not the case.

Pennsylvania’s workers’ compensation is a no-fault system, meaning injured workers can collect benefits even if they caused the accident—as long as the injury occurred within the scope of employment. For instance, a warehouse worker who trips over a box they misplaced may still qualify.

Exceptions exist for injuries caused by intoxication, horseplay, or intentional self-harm, but these are relatively rare.

Myth #2: You Have to Be Injured in a Single Workplace Accident in Order to Receive PA Workers' Comp Benefits

Many people believe workers’ compensation only applies to sudden, traumatic injuries. In reality, Pennsylvania law also covers cumulative injuries—those that develop over time due to repetitive strain or occupational exposure.

Examples include:

• Carpal tunnel syndrome from typing
• Back strain from repeated lifting
• Hearing loss from consistent loud machinery
• Occupational illnesses like mesothelioma or chemical poisoning

As long as the condition can be tied to job duties, workers' compensation may apply.

Myth #3: You Can See Any Doctor You Want After a Workplace Injury in Pennsylvania

During the first 90 days of treatment, Pennsylvania employers who post a list of approved physicians can legally require injured workers to choose from that list.

However:

• The list must include at least six providers
• It must be posted prominently in the workplace
• The employee must sign an acknowledgment

After the initial 90-day period, workers are free to choose their own doctor, as long as they notify the employer.

Myth #4: You Have Unlimited Time to File a Workers' Compensation Claim in Pennsylvania

Timing is critical in workers’ compensation cases. Pennsylvania law requires workers to report their injury to their employer within 120 days. Waiting longer can result in total loss of benefits.

That said, it’s always best to report an injury as soon as possible, ideally within days of the incident. Doing so helps preserve evidence and makes it easier to establish the injury's connection to your job.

In addition to the 120-day reporting rule, formal claims must generally be filed within three years of the injury date with the Pennsylvania Bureau of Workers’ Compensation.

Myth #5: You’ll Be Fully Paid While Out of Work With an Injury

This is a common point of frustration. While workers’ compensation provides wage loss benefits, they don’t replace your full income. Most workers receive approximately two-thirds of their average weekly wage, subject to annual caps set by the state.

For 2025, Pennsylvania’s maximum weekly compensation rate is $1,325, although most employees will receive less, depending on their earnings. Overtime and secondary income may not be fully factored in, which can create a significant gap in take-home pay.

Myth #6: You Can’t Be Fired While Receiving Workers’ Compensation in PA

While it’s illegal to fire someone because they filed a workers’ comp claim, Pennsylvania is an at-will employment state. This means employers can legally terminate employment for other reasons—such as company downsizing, poor performance, or policy violations—even if the worker is receiving benefits.

That said, retaliatory discharge is prohibited. If you suspect your termination was connected to your injury report or claim, you may have grounds for a wrongful termination lawsuit in addition to your workers’ compensation claim.

Myth #7: You’ll Automatically Receive a Worker's Comp Settlement

Unlike personal injury claims, there is no guaranteed “payout” in a workers’ compensation case. While some cases resolve in a lump-sum settlement, others may involve ongoing wage-loss and medical benefits without a final settlement.

Factors influencing settlement include:

• The severity of the injury
• Whether the worker can return to any form of employment
• Disputes over medical treatment
• The employer’s willingness to negotiate

Settlements are entirely voluntary in Pennsylvania and often require skilled negotiation.

Myth #8: You Don’t Need a Lawyer for a Workers’ Compensation Claim

Technically, workers can file a claim without an attorney—but they may be at a serious disadvantage, especially if the employer or insurer denies the claim, disputes the medical findings, or pushes for early return to work.

An experienced Pennsylvania workers’ compensation attorney can help with:

• Navigating hearings before a workers’ compensation judge
• Gathering medical evidence
• Disputing employer IME (Independent Medical Exam) findings
• Negotiating settlements
• Protecting against retaliation

Legal representation is especially helpful if your benefits have been suspended, reduced, or denied altogether.

Conclusion

Pennsylvania workers’ compensation laws are designed to protect employees, but outdated assumptions often prevent injured workers from receiving the full range of benefits they’re entitled to. Whether your injury developed gradually, was partially your fault, or your claim is being challenged, it’s important to understand the actual rules—and not rely on workplace hearsay. If you're facing medical bills or lost wages due to a job-related injury, don’t let misinformation stand in your way.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Pennsylvania's Workers Compensation Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.