The Pennsylvania workers compensation act — formally the Pennsylvania Pennsylvania Workers’ Compensation Act (Act of June 2, 1915, P.L. 736, No. 338), found at Purdon’s Pennsylvania Statutes, Title 77 P.S. §§ 1–2710 (unconsolidated statute, not part of Pa.C.S.); Department of Labor & Industry regulations at 34 Pa. Code Chapters 121–131 — is the statute behind every workers’ comp claim, benefit and employer mandate in the state.
This plain-English guide to the Pennsylvania workers compensation act gives the section numbers next to the rules people actually need: who must be covered, the deadlines, the waiting period, the pay rate, the exclusive-remedy bargain, the ban on retaliation and the penalties. Verified against the official code as of October 2026.
Pennsylvania at a Glance
| Official name | Pennsylvania Workers’ Compensation Act (Act of June 2, 1915, P.L. 736, No. 338) |
| Where it lives | Purdon’s Pennsylvania Statutes, Title 77 P.S. §§ 1–2710 (unconsolidated statute, not part of Pa.C.S.); Department of Labor & Industry regulations at 34 Pa. Code Chapters 121–131 |
| First enacted | 1915 |
| Reporting deadline | Section 311 (77 P.S. § 631) — give notice within 21 days so benefits run from the date of injury. Notice given after 21 days generally means benefits start only from the date of notice. No compensation is allowed if the employer gets no notice within 120 days of injury, or within 120 days of when the worker knew or should have known of the injury and its work link |
| Filing deadline | Section 315 (77 P.S. § 602) — claim petition within 3 years after the injury. If the employer voluntarily paid compensation, generally within 3 years of the last payment |
| Exclusive remedy | Section 303(a) (77 P.S. § 481(a)) — the employer’s liability under the Act is exclusive and replaces civil suits against the employer. Main exception: an employer who fails to insure loses immunity, and the worker may sue in court under Section 305(d) (77 P.S. § 501(d)) or claim from the Uninsured Employers Guaranty Fund. Section 205 (77 P.S. § 72) gives co-employees immunity except for intentional wrong |
| Recent amendments | Act 121 of 2024 (SB 365), signed October 29, 2024, effective October 29, 2025. It lets first responders claim post-traumatic stress injury from a qualifying traumatic event without proving “abnormal working conditions.” The injury must have occurred on or after October 29, 2020, and wage-loss benefits for PTSI are capped at 104 weeks. Act 126 of 2024 (SB 1232), signed October 29, 2024, effective December 28, 2024. It requires employers and insurers to offer direct deposit of indemnity payments, mandatory as of December 28, 2025. No 2026 amendment enacted as of October 2026; HB 2191 (firefighter cancer) and HB 2499 (SWIF investments) are still pending |
In This Pennsylvania Guide:
What the Pennsylvania Workers Compensation Act Is
A workers’ compensation act is a no-fault deal written into state law: the employer pays for work injuries without the worker proving fault, and the worker gives up most lawsuits against the employer in return. The Pennsylvania workers compensation act dates to 1915. It lives at Purdon’s Pennsylvania Statutes, Title 77 P.S. §§ 1–2710 (unconsolidated statute, not part of Pa.C.S.); Department of Labor & Industry regulations at 34 Pa.
Code Chapters 121–131, and the official text is linked in the sources.
Who the Pennsylvania Workers Compensation Act Covers
Section 305 (77 P.S. § 501) — every employer with one or more employees, including part-time and family employees, must insure through an authorized carrier, the State Workers’ Insurance Fund (SWIF), or approved self-insurance Section 321 (77 P.S. § 676) excludes domestic service unless the employer elects coverage. Section 304.2 (77 P.S. § 484) lets members of a recognized religious sect waive coverage with Department approval.
Section 104 (77 P.S. § 22) lets an executive officer of a for-profit corporation, or an unpaid volunteer officer of a nonprofit, elect out. Section 104 also excludes casual employment outside the regular course of business. Agricultural labor is covered once one worker is paid 1200 or more in a calendar year or works 30 or more days
Deadlines in the Pennsylvania Workers Compensation Act
Waiting period: Section 306(e) (77 P.S. § 514) — no compensation for the first 7 days of disability. If disability lasts 14 days or more, compensation is paid back to day 1. Medical benefits are payable from the start. Wage-loss rate: Section 306(a) (77 P.S. § 511) — temporary total disability pays 66 2/3% of average weekly wage, subject to the statutory minimum and maximum.
The maximum equals 100% of the Statewide Average Weekly Wage set yearly under Section 105.1 (77 P.S. § 25.1). Partial disability is paid under Section 306(b) (77 P.S. § 512).
Pennsylvania Workers Compensation Act: Key Sections at a Glance
The sections of the Pennsylvania workers compensation act that decide most cases, each with its citation:
| Coverage mandate | Section 305 (77 P.S. § 501) — every employer with one or more employees, including part-time and family employees, must insure through an authorized carrier, the State Workers’ Insurance Fund (SWIF), or approved self-insurance |
| Exemptions | Section 321 (77 P.S. § 676) excludes domestic service unless the employer elects coverage. Section 304.2 (77 P.S. § 484) lets members of a recognized religious sect waive coverage with Department approval. Section 104 (77 P.S. § 22) lets an executive officer of a for-profit corporation, or an unpaid volunteer officer of a nonprofit, elect out. Section 104 also excludes casual employment outside the regular course of business. Agricultural labor is covered once one worker is paid 1200 or more in a calendar year or works 30 or more days |
| Report an injury | Section 311 (77 P.S. § 631) — give notice within 21 days so benefits run from the date of injury. Notice given after 21 days generally means benefits start only from the date of notice. No compensation is allowed if the employer gets no notice within 120 days of injury, or within 120 days of when the worker knew or should have known of the injury and its work link |
| File a claim | Section 315 (77 P.S. § 602) — claim petition within 3 years after the injury. If the employer voluntarily paid compensation, generally within 3 years of the last payment |
| Waiting period | Section 306(e) (77 P.S. § 514) — no compensation for the first 7 days of disability. If disability lasts 14 days or more, compensation is paid back to day 1. Medical benefits are payable from the start |
| Wage-loss rate | Section 306(a) (77 P.S. § 511) — temporary total disability pays 66 2/3% of average weekly wage, subject to the statutory minimum and maximum. The maximum equals 100% of the Statewide Average Weekly Wage set yearly under Section 105.1 (77 P.S. § 25.1). Partial disability is paid under Section 306(b) (77 P.S. § 512) |
| Exclusive remedy | Section 303(a) (77 P.S. § 481(a)) — the employer’s liability under the Act is exclusive and replaces civil suits against the employer. Main exception: an employer who fails to insure loses immunity, and the worker may sue in court under Section 305(d) (77 P.S. § 501(d)) or claim from the Uninsured Employers Guaranty Fund. Section 205 (77 P.S. § 72) gives co-employees immunity except for intentional wrong |
| Retaliation | NONE in the Act. There is no Act section barring retaliation. The Pennsylvania Supreme Court recognized a common-law wrongful-discharge claim for firing a worker who files a comp claim in Shick v. Shirey, 716 A.2d 1231 (Pa. 1998). The remedy is a civil tort action for damages |
| Uninsured employer penalty | Section 305(b) (77 P.S. § 501(b)) — failure to insure is a misdemeanor of the third degree, or a felony of the third degree if intentional. Each day of violation is a separate offense, and the court may order restitution. Separately, the uninsured employer loses tort immunity and the Uninsured Employers Guaranty Fund (Section 1601 et seq., 77 P.S. § 2701 et seq.) may pay the claim and then recover from the employer |
| Who hears disputes | Sections 401 and 414 (77 P.S. §§ 701, 774) — disputed claims are heard by Workers’ Compensation Judges in L&I’s Workers’ Compensation Office of Adjudication. Appeals go to the Workers’ Compensation Appeal Board (Sections 423–427, 77 P.S. §§ 851–855), then to Commonwealth Court. Section 401.1 (77 P.S. § 710) provides mediation and compromise-and-release approval |
The Exclusive-Remedy Bargain in the Pennsylvania Workers Compensation Act
Section 303(a) (77 P.S. § 481(a)) — the employer’s liability under the Act is exclusive and replaces civil suits against the employer. Main exception: an employer who fails to insure loses immunity, and the worker may sue in court under Section 305(d) (77 P.S. § 501(d)) or claim from the Uninsured Employers Guaranty Fund. Section 205 (77 P.S. § 72) gives co-employees immunity except for intentional wrong
Retaliation and Penalties Under the Pennsylvania Workers Compensation Act
NONE in the Act. There is no Act section barring retaliation. The Pennsylvania Supreme Court recognized a common-law wrongful-discharge claim for firing a worker who files a comp claim in Shick v. Shirey, 716 A.2d 1231 (Pa. 1998).
The remedy is a civil tort action for damages Section 305(b) (77 P.S. § 501(b)) — failure to insure is a misdemeanor of the third degree, or a felony of the third degree if intentional. Each day of violation is a separate offense, and the court may order restitution.
Separately, the uninsured employer loses tort immunity and the Uninsured Employers Guaranty Fund (Section 1601 et seq., 77 P.S. § 2701 et seq.) may pay the claim and then recover from the employer Sections 401 and 414 (77 P.S. §§ 701, 774) — disputed claims are heard by Workers’ Compensation Judges in L&I’s Workers’ Compensation Office of Adjudication.
Appeals go to the Workers’ Compensation Appeal Board (Sections 423–427, 77 P.S. §§ 851–855), then to Commonwealth Court. Section 401.1 (77 P.S. § 710) provides mediation and compromise-and-release approval
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Recent Amendments to the Pennsylvania Workers Compensation Act
Act 121 of 2024 (SB 365), signed October 29, 2024, effective October 29, 2025. It lets first responders claim post-traumatic stress injury from a qualifying traumatic event without proving “abnormal working conditions.” The injury must have occurred on or after October 29, 2020, and wage-loss benefits for PTSI are capped at 104 weeks. Act 126 of 2024 (SB 1232), signed October 29, 2024, effective December 28, 2024.
It requires employers and insurers to offer direct deposit of indemnity payments, mandatory as of December 28, 2025. No 2026 amendment enacted as of October 2026; HB 2191 (firefighter cancer) and HB 2499 (SWIF investments) are still pending
How to Read the Pennsylvania Workers Compensation Act
Statute pages are written for lawyers, so read the Pennsylvania workers compensation act in this order: the definitions section (who is an employee), the coverage section, then the specific section for your question, using the citations above. The official code is the source; the summaries on legal-information sites are not.
If a section of the Pennsylvania workers compensation act seems to conflict with what an insurer told you, the section wins — and the state agency’s information line can confirm it for free.
Applying the act: the Pennsylvania claim guide turns these sections into steps and dates, and the Pennsylvania requirements guide covers the employer side.
Frequently Asked Questions
Where is the Pennsylvania workers compensation act in the code?
Purdon’s Pennsylvania Statutes, Title 77 P.S. §§ 1–2710 (unconsolidated statute, not part of Pa.C.S.); Department of Labor & Industry regulations at 34 Pa. Code Chapters 121–131. The sources below link to the official text.
How long do I have to report a work injury under the Pennsylvania act?
Section 311 (77 P.S. § 631) — give notice within 21 days so benefits run from the date of injury. Notice given after 21 days generally means benefits start only from the date of notice. No compensation is allowed if the employer gets no notice within 120 days of injury, or within 120 days of when the worker knew or should have known of the injury and its work link.
Report in writing as soon as possible either way.
Can I sue my employer instead of using the Pennsylvania workers compensation act?
Usually not — the exclusive-remedy section bars most lawsuits against a covered employer. Claims against third parties, and against an uninsured employer, are the common exceptions.
Official Pennsylvania Sources & Resources
- Pennsylvania Pennsylvania Department of Labor & Industry, Bureau of Workers’ Compensation (disputes go to the Workers’ Compensation Office of Adjudication and the Workers’ Compensation Appeal Board): https://www.pa.gov/agencies/dli/programs-services/workers-compensation
- Pennsylvania Workers’ Comp Statute: https://www.pa.gov/content/dam/copapwp-pagov/en/dli/documents/documents/regulations/wc/act.pdf
- U.S. Department of Labor — Workers’ Comp: dol.gov
- Insurance Information Institute: iii.org
This Pennsylvania workers compensation act guide was last verified against official Pennsylvania sources in October 2026. Rules change — confirm the current figure with the state agency or a licensed attorney.
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Disclaimer: This guide is informational only and is not legal, medical, or financial advice. Workers Comp Explained is an independent educational resource, not a law firm or insurer. Workers’ comp benefits, settlement values, deadlines, and requirements vary by state and by the specific facts of your injury and change over time, and any settlement figures here are illustrative only.
Confirm your rights and any deadline with your state’s workers’ compensation board and a licensed attorney before you act.