Workers’ Compensation Book: Evolution of Workers' Comp Law in PA

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The Pittsburgh Workers’ Compensation Lawyers of Rudberg Law Offices, LLC outline the evolution of workers’ comp law in Pennsylvania throughout the years.

1915

The Pennsylvania state legislature passed the first Workers’ Compensation Act in 1915. The legislature intended the Act to be an “exclusive remedy” for workers who sustained an injury on the job, or were diagnosed with an illness due to their work. “Exclusive remedy” means that if you are injured at work, no matter who is at fault for your injury, you get workers’ compensation benefits but you cannot independently sue your employer or a co-worker for your injury, unless one of very few and rare exceptions are present.

1975

Prior to 1975, an employee’s agreement to coverage under the Workers’ Compensation Act was presumed but at the time of hire an employee could take steps to decline coverage under the Act. In 1975, the state legislature amended the Act to make it mandatory. Now, an employee cannot decline workers’ comp coverage under the Act.

1996

The state legislature passed Act 57 in 1996 and changed the Workers’ Compensation Act in a number of ways. For example:

• After an injured worker has been collecting total disability benefits for two years, the workers’ compensation insurance company can seek to have the individual undergo an impairment rating evaluation to determine whether the injured worker is less than 50% whole body impaired due to the work injury. If so, the injured worker’s benefits may be converted to partial disability and subject to a maximum period of time for the individual to receive benefits.


• After an injury is accepted by the insurance company as work-related, the injured worker must treat with a panel physician (one of a list of physicians chosen by the employer) for 90 days instead of 30 days.


• An injured worker can now completely settle his workers’ compensation claim in exchange for a lump sum amount. Before this amendment, the Workers’ Compensation Act only permitted commutations (settlement of wage loss benefits, not medical benefits), which caused lower settlements.

2007

The state legislature brought many changes to the Workers’ Compensation Act in 2007. The most notable are as follows:

• It is clear that the legislature intended for workers’ compensation cases to be litigated in a shorter time frame. As a result, the legislature enacted amendments, which causes Workers’ Compensation Judges to move cases forward in a more timely fashion. In addition, mandatory mediation became part of every case, where the parties conference with a Judge and attempt to fully resolve the dispute.


• Although a state requirement, some employers do not maintain workers’ comp insurance coverage. The legislature enacted amendments to ensure that injured workers of uninsured employers still get the wage loss and medical benefits they need and are entitiled to under the Act.

Case Law

Since the enactment of the Pennsylvania Workers’ Compensation Act, the Pennsylvania Commonwealth and Supreme Courts have issued many decisions interpreting the Act. The decisions of the Courts further define and clarify the language of the Act, which is liberally construed to affect its humanitarian purpose.

If you have suffered a work injury or need assistance with a workers’ compensation claim, please call the Pittsburgh Workers’ Comp Attorneys of Rudberg Law Offices, LLC for a free consultation. Call us today toll free at 1.866.306.2667 or complete our quick contact attorney form.