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The Department of Labor and Industry (L&I), through the Bureau of Workers' Compensation, is responsible for the administration of Workers' Compensation in Pennsylvania. The following brief summary is intended to provide a general overview of Workers' Compensation coverage and benefits in Pennsylvania. See the separate topic for help with acronyms. For further information contact your local or state Workers' Compensation Program office. This information is based on data originally provided by the U.S. Department of Labor and updated by L&I, and is believed current as of January 2011.
In Pennsylvania, compensation benefits are adjusted annually, and changes become effective January 1 of each year. The rates shown below are in effect from January 1, 2011 to December 31, 2011.
In Pennsylvania, workers' compensation is compulsory, and no waivers are permitted. There is a competitive state fund. Employers may insure through private carriers, self-insurance, or through groups of employers. There is no exemption for employers with small numbers of employees.
All agricultural workers if the employer pays one agricultural worker wages of $1,200 or more, or furnishes employment to one employee in agricultural labor for 30 or more days during a calendar year. A spouse or child of an agricultural employer under age 18 is not considered an employee unless hired under an expressed written contract.
Employers are permitted to provide voluntary coverage.
Full medical benefits are provided with no time or monetary limitations.
The maximum weekly compensation rate is $858, 100% of SAWW. The weekly compensation rate is 66 2/3 of the employee's average weekly wage if it falls between $1,287.00 and $643.51. The weekly compensation rate is $429.00 if the employee's average weekly wage is between $643.50 and $476.67. The weekly compensation rate is 90% of the employee's average weekly wage if it is $476.66 or less. The maximum period of payments is 90 days. WC benefits are subject to Social Security benefit offsets, and by those under an employer-funded pension plan as well as for severance pay.
The maximum weekly compensation rate is $858, 100% of SAWW. The weekly compensation rate is 66 2/3 of the employee's average weekly wage if it falls between $1,287.00 and $643.51. The weekly compensation rate is $429.00 if the employee's average weekly wage is between $643.50 and $476.67. The weekly compensation rate is 90% of the employee's average weekly wage if it is $476.66 or less. The maximum period of payments is duration of disability. WC benefits are subject to Social Security benefit offsets, and by those under an employer-funded pension plan as well as for severance pay.
The percentage of worker's wage paid is 66 2/3. For weekly payments, there is no minimum and the maximum is $858, 100% of SAWW. For non-scheduled injuries, the maximum period of payments is 500 weeks and the maximum payment is $429,000. WC for non-scheduled 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 SAWW. WC benefits are subject to Social Security benefit offsets, and by those under an employer-funded pension plan as well as for severance pay.
Pennsylvania law covers disfigurement that is "Serious and permanent of head, face, or neck". Benefits are 66-2/3 percent of employee's average weekly wage for a maximum period of 275 weeks.
Section 204(A)--Provides that 50 percent of Social Security old age or retirement benefits, and 100 percent of severance benefits and the benefits from an employer-funded pension plan shall be offset against workers' compensation benefits.
PA Department of Labor and Industry
Room 1700
7th and Forster Streets
Harrisburg, PA 17120
General Information: (717) 787-5279
Internet: http://www.dli.state.pa.us/portal/server.pt/community/l_i_home/5278
Current and historical benefit rates may be found at:
http://www.portal.state.pa.us/portal/server.pt?open=514&objID=552650&mode=2
The Pennsylvania Workers' Compensation Act is available in PDF format (requires Adobe Acrobat Reader) online at:
http://www.portal.state.pa.us/portal/server.pt?open=514&objID=553004&mode=2
Curious about the Workers' Compensation program in another state? Want to see a summary like this one? Click here to select another state's summary.
Information for this topic was drawn from pages of the L&I website at:
http://www.dli.state.pa.us/portal/server.pt/community/l_i_home/5278
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