Workers' Comp 101 - Abes Baumann

What are my Rights in the Workplace in Pennsylvania?

abesbaumann on August 17, 2026

If you are a worker in Pennsylvania and unsure about your rights, you are not alone. Many Pennsylvania workers are left in limbo because workplace rights can be challenging to understand and navigate. They can change depending on timing and the employer’s response. In this article, we will delve into what workers’ rights are in Pennsylvania and how Abes Baumann, as experienced workers’ compensation attorneys, can be your trusted resource for injured workers in Pittsburgh and across Western PA.

Understanding Workers’ Rights in the Workplace in Pennsylvania

What “workers’ rights” means after a workplace injury

In the broad sense, workplace rights include your rights to medical care, wage-loss benefits, reporting an injury, and protection from employer treatment and retaliation. As a worker in Pennsylvania, you have rights guaranteed by the Pennsylvania Workers’ Compensation Act, ensuring you are legally protected and supported if you are injured on the job.

Why Pennsylvania workers often feel confused about their rights

Many workers get confused about workers’ rights because the compensation system has strict rules and regulations, and rights can look different depending on the time period, such as during the first 90 days of treatment. To add to the confusion, employers and insurance companies do not always explain the full picture clearly, further creating a sense of alienation among workers. This is why understanding rights in the workplace and having someone to help guide you through the complex system is crucial to securing your rights as a worker in Pennsylvania.

workers rights; rights in the workplace; what are workers rights

What Are My Rights in the Workplace After a Work Injury in Pennsylvania?

Your right to report a workplace injury

If an injury occurs during work, workers should report it as soon as possible. Prompt reporting will help a claim and secure legal protection. The state of Pennsylvania has a law where employees need to report an injury within 120 days of the accident. Failing to do so can result in the loss of the right to benefits.

Reporting promptly also prevents employers’ insurance company from claiming the injury occurred outside of work, or that it is a pre-existing condition.

Your right to seek medical treatment

Workers have the right to receive treatment for job-related injuries or illnesses. These treatments are covered by the employer or their insurance companies, and include all medical costs, such as doctor visits, medications, and surgeries.

It is important to note, however, that your choice of doctor is initially limited. According to the 90-day panel rule, where employers list at least six designated healthcare providers, workers must choose between these options for the first 90 days of treatment. After 90 days, workers have the right to switch to any doctor of their choice.

Your right to pursue wage loss benefits

If the injury keeps you from working, you may have the right to wage loss benefits. This right is intended to ensure that workers and their families continue to receive financial support during recovery or rehabilitation.

Pennsylvania has a seven-day waiting period, during which you will not be paid for the first 7 days of missed work. If your disability is for more than 14 days, you will receive retroactive pay for the first 7 days of missed work.

Your right to ask questions and get legal guidance

The right to ask questions and receive legal support is designed to ensure that workers fully understand their rights and do not have to go through the process alone. A workers’ compensation attorney is the right person to go to for explanations and help with figuring out the next steps.

The First 90 Days After a Work Injury in Pennsylvania Matter

Why the first 90 days are different

One of the most important aspects injured workers need to understand is the first 90-day rule. Under Pennsylvania law, the first 90 days give employers the right to decide who will treat workers by creating a “panel list” of at least six designated medical providers for workers to choose from. Therefore, during this period, treatment choices and medical documentation can be affected. For example, if the doctor determines that you are fit to work, even if you are still experiencing an injury, the insurance company can use that to stop or reduce compensation.

For the panel requirement to be enforceable, the employer must satisfy Pennsylvania’s notice requirements, including providing the required information about the panel providers.

Benefits can be more vulnerable during this period

Because of this rule, employers have more control during this 90-day period. Injured workers often feel like they are at the mercy of the employer or insurer. However, it is crucial to highlight that this 90-day rule does not apply to emergencies. In cases where urgent care is needed, workers may go to any emergency room. The 90-day period applies only to ongoing or follow-up care.

Why early legal guidance can help

To prevent misunderstanding, unpleasant surprises, and most importantly, mistakes, early legal help is highly recommended. A lawyer can help explain the complex rules at this early stage and advise you on the right steps to ensure your rights are protected and your claims are securedi. For example, insurance companies often use forms and language that may cause confusion. An attorney can help review documents to ensure workers understand the scope of the matters.

Your Rights After the 90-Day Period Ends

You may be able to treat with your own doctor

After the 90 days have passed, the balance of power shifts. Workers will then be able to switch to doctors of their choosing. Employers or insurance companies must still pay for all medical bills, even if the doctors are not on their approved panels. This will also affect your medical documentation, such as when you are required to have medical restrictions that reflect your inability to work while still receiving benefits.

Benefits cannot simply be stopped without due process

Once the first 90 days have passed, your workers’ compensation benefits gain a massive layer of legal protection. The insurance company or employer cannot simply stop or reduce benefits. To legally stop or reduce compensation, it must be ordered by a judge, and the insurer must go through a legal process involving a petition and evidence. Even during the court process, benefits must still be given to workers, unless the judge specifically grants a temporary halt.

How Abes Baumann Helps Protect Injured Workers’ Rights in Pittsburgh and Western PA

Direct support for injured workers

We specialize in workers’ compensation law. Our service is focused on supporting workers through every step of the journey — from understanding workers’ rights to navigating the process, securing claims, choosing the best next steps for your situation, and representing workers in legal battles. Abes Baumann is committed to serving workers in Pennsylvania to secure the rights that they deserve.

Local experience

With decades of experience serving our beloved workers in Allegheny County and the Greater Pittsburgh area, local experience is our pride. We understand Pennsylvania’s rules and are dedicated to providing service with the utmost respect, focusing on handling your legal challenges with the urgency they deserve. We apply a strong work ethic and will work our best to help protect your rights while you focus on recovering.

Contact our team today, and let Abes Baumann get to work on your behalf.

Frequently Asked Questions About Workers’ Rights in Pennsylvania

What are workers’ rights after getting hurt on the job in Pennsylvania?

Workers in Pennsylvania have the right to medical care, wage-loss benefits, to report an injury, and to be protected from employer treatment and retaliation.

Can my employer choose my doctor after a work injury?

Yes. Per the 90-day rule, employers can make a list of at least 6 healthcare providers that employees must choose from. However, after this 90-day period, workers can choose to switch to their preferred doctors.

Can my workers’ compensation benefits be stopped at any time?

No. Once workers’ compensation benefits have been established, an employer or insurer generally must follow Pennsylvania’s legal procedures before terminating or modifying those benefits.

Do I need a lawyer for a workers’ compensation claim?

You are not legally required to hire a lawyer. However, a lawyer is recommended because they can help you understand your rights, navigate complex process, and especially when there are disputes with the employer or insurance companies.

How much does it cost to talk to Abes Baumann?

We do not charge any fee unless the case is won.

Injured Playing on Company Sports Team – Eligible for Workers’ Compensation?

Eric Abes on June 18, 2018

By: Sandra Weigel Kokal

In order to be eligible for workers’ compensation benefits, the law requires that the injury must be sustained in the “course of employment.” When discussing injuries which occur while playing on an Employer’s Sports Team, the following criteria determine whether an injured worker is entitled to benefits: where the employee, whether on or off the employer’s premises, is injured while actually engaged in the furtherance of the employer’s business or affairs.

If you are injured while participating on the employer’s softball, baseball, basketball or any type of team, you may be eligible for workers’ compensation benefits. The analysis by the court will be based on the specific facts of your situation. If the employer sponsors the team, pays a membership fee for the team, provides the team uniforms, and in general supports the team, then you will be eligible to collect workers’ compensation benefits if you are injured while playing on the team. The Courts have held that participation on the team actually furthers the business or affairs of the employer.

The same is true if you are injured at a company-sponsored picnic or while volunteering at a company-sponsored event. Again, the Courts have held that attendance at the picnic promotes the employer’s interest in good relationships with and among the employees, which in turn fosters good morale and furthers the business or affairs of the employer. If volunteering at company-sponsored charity run, the participation promotes a positive image of the company which furthers the business of the company. In both these situations, if you are injured while participating, you may be eligible for workers’ compensation benefits.

The facts surrounding your injury should be carefully looked into to determine your eligibility for workers’ compensation benefits. If you have suffered an injury while engaging in an employer-sponsored event, please contact us to discuss your specific situation.

Impairment Rating Evaluations (Insurance Company Cutting Your Benefits)

Eric Abes on November 10, 2015

Even if you win your case, Workers’ Compensation Benefits are not a lifetime guarantee. The insurance company may try to limit your benefits with the Impairment Rating Evaluation (IRE). An IRE is a physical examination. A doctor determines your level of disability on a scale from 0 to 100. After receiving 104 weeks of benefits, the law requires an injured worker to submit to an IRE.

A doctor will examine you under the guidelines of the latest edition of the American Medical Association’s Guidelines for Permanent Impairment. The doctor must be licensed in Pennsylvania; in active practice at least 20 hours per week; and approved by the Licensing Board. While you can only be required to submit to two IRE’s in a 12 month period, there is no requirement that your condition change prior to an exam. The insurance company can use the exam to see if your condition has changed.

If the doctor finds that the worker’s impairment is over 50%, the worker will continue to receive total disability benefits, but if the doctor finds the impairment is less than 50%, the worker’s status will change from total disability to partial disability. Partial disability means your benefits will be limited to 500 weeks, as opposed to possible lifetime benefits for total disability.

One defense to an unfavorable IRE is that the injured worker was not at maximum medical improvement (MMI) at the time of the IRE. MMI means that the injury/impairment is permanent, stabilized, and unlikely to change in the next year. If surgery or some form of treatment within a year might help the worker, then the worker is not at MMI.

As with most aspects of Workers’ Compensation claims, an Insurance Company may use an IRE to limit your benefits. The best way to protect yourself is to call an attorney.

120 and 3—The Two Most Important Numbers in Workers’ Compensation

Eric Abes on January 9, 2015

Everyone makes mistakes. Thousands throughout our lives. Most end up causing little to no harm. These mistakes are often beneficial as the damage caused is outweighed by the lesson learned. Some mistakes are more severe. Some can never be undone. In Pennsylvania, if you are injured at work, 120 days and 3 years are two mistakes that cannot be fixed.

If you are injured at work in Pennsylvania, you have 120 days to report the injury to your employer. If you do not report the injury to your employer within this period, you will likely not be able to obtain any Workers’ Compensation benefits.

Reporting an injury is usually simple. You are at work, you slip and fall and break your wrist. You tell your boss what happened and that you are going to the ER. You just satisfied notice. In order to be safe, never assume that just because your boss was there when you got hurt that she knows you are hurt. Make sure you tell her. Email is a great way to ensure you satisfied notice, and it gives you a record of when you provided notice and what you said.

Besides 120 days to notify your employer of an injury, you have 3 years from the date of injury to file a claim with the Pennsylvania Bureau of Workers’ Compensation. This is called a Statute of Limitations. This is a fancy way of saying there is a limit to how long you have to pursue some legal action. This is to ensure that things are done without delay; records will be easily obtainable; and witnesses’ memories are fresh.

The best thing you can do to protect yourself is to contact Abes Baumann as soon as you are injured. That very day. There is no charge to talk. A few minutes of talk now, can save you a lifetime of pain later.