How to File a Workers' Compensation Claim in Pennsylvania
Reviewed by DocDraft Legal Team · Pennsylvania · Last updated 2026-09-07
A workers' compensation claim is how an employee who is injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without having to prove the employer was at fault. In Pennsylvania, the system is administered by the Bureau of Workers' Compensation, within the Department of Labor and Industry (L&I), and disputes are decided by a workers' compensation judge, with appeals to the Workers' Compensation Appeal Board (WCAB). Two deadlines are critical. You should give your employer notice of the injury within 21 days to receive benefits from the date of injury, and no later than 120 days or no compensation is allowed (Section 311, 77 P.S. 631). Separately, you have three years from the injury to file a Claim Petition (Section 315, 77 P.S. 602). After you report the injury, your employer files a First Report of Injury with the Bureau and its insurer either accepts the claim with a Notice of Compensation Payable or denies it with a Notice of Compensation Denial. If the claim is denied or disputed, you file a Claim Petition, form LIBC-362, with the Bureau, and a workers' compensation judge hears it. Attorney review of your claim is available through DocDraft.
Find out where you stand in Pennsylvania
Where are you after your work injury?
DocDraft provides document preparation, not legal advice.
How do I file a workers' compensation claim in Pennsylvania?
Report your work injury to your employer as soon as possible, ideally within 21 days (Section 311, 77 P.S. 631). Your employer must file a First Report of Injury with the Bureau of Workers' Compensation. The insurer then accepts or denies the claim, and you file a Claim Petition only if it is denied.
How long do I have to file a workers' compensation claim in Pennsylvania?
Two deadlines matter. You must notify your employer within 21 days of the injury to receive benefits from the date it happened, and no later than 120 days (Section 311, 77 P.S. 631). Separately, you have three years from the injury to file a Claim Petition (Section 315, 77 P.S. 602).
What is the Claim Petition (LIBC-362) in Pennsylvania?
The Claim Petition, form LIBC-362, is what you file with the Pennsylvania Bureau of Workers' Compensation when your employer's insurer denies or ignores your claim. It states your injury, employer, and treatment, and starts litigation before a workers' compensation judge. You have three years from the injury to file it (Section 315).
Who handles workers' compensation claims in Pennsylvania?
Pennsylvania's workers' compensation system is administered by the Bureau of Workers' Compensation, within the Department of Labor and Industry. Your employer's insurer decides your claim day to day. If a dispute arises, a workers' compensation judge decides it, and appeals go to the Workers' Compensation Appeal Board.
Pennsylvania workers' compensation claim law at a glance
In Pennsylvania, workers' compensation gives an employee who is injured on the job medical care and wage-replacement benefits from the employer's insurer, regardless of fault. The system is run by the Bureau of Workers' Compensation, within the Department of Labor and Industry, and contested claims are decided by a workers' compensation judge. You must give your employer notice of the injury within 21 days to receive benefits from the date of injury, and within 120 days at the latest, or no compensation is allowed (Section 311, 77 P.S. 631). Reporting to the employer preserves your claim; there is no employee claim form that opens it. If the insurer denies or disputes the claim, you file a Claim Petition, form LIBC-362, with the Bureau within three years of the injury (Section 315, 77 P.S. 602).
Filing a Pennsylvania workers' compensation claim after a warehouse back injury
Suppose you hurt your back lifting boxes at a Pennsylvania warehouse. You tell your supervisor and give written notice that week, well inside the 21-day window that preserves benefits from the date of injury (Section 311, 77 P.S. 631). Your employer files a First Report of Injury with the Bureau of Workers' Compensation. The insurer at first pays for treatment but later denies wage-loss benefits with a Notice of Compensation Denial. Because you have three years from the injury to act (Section 315, 77 P.S. 602), you file a Claim Petition, form LIBC-362, with the Bureau, and a workers' compensation judge is assigned to hear it. Attorney review of your claim is available through DocDraft.
Relevant Laws
PA Workers' Compensation Act, Section 311 (21-day and 120-day notice to employer)
Provides that unless the employer has knowledge of the injury, or the employe gives notice to the employer within twenty-one days after the injury, no compensation is due until such notice is given, and unless notice is given within one hundred and twenty days after the occurrence of the injury, no compensation is allowed (77 P.S. 631).
PA Workers' Compensation Act, Section 315 (three-year limitation on claims)
Provides that in cases of personal injury all claims for compensation are forever barred unless, within three years after the injury, the parties agree on compensation or one of the parties files a petition; in death cases the three-year period runs from the death (77 P.S. 602).
PA Workers' Compensation Act, Section 312 (content of the notice)
Provides that the notice referred to in Section 311 shall inform the employer that a certain employe received an injury, described in ordinary language, in the course of his employment on or about a specified time, at or near a place specified.
Pennsylvania Department of Labor and Industry, Bureau of Workers' Compensation
The Bureau of Workers' Compensation page explains that workers' compensation provides benefits to employees injured or made ill by their job duties, covering medical expenses and lost wages, and lists services to report an employee injury and file a workers' compensation claim petition.
Regional Variances
Pennsylvania workers' compensation claim rules at a glance
Reporting deadline
Report within 21 days of the injury to receive benefits from the date of injury, and within 120 days at the latest, or no compensation is allowed, under Section 311 (77 P.S. 631). Notice between 21 and 120 days limits benefits to the date you reported.
Claim form
There is no employee form that opens the claim. The employer files a First Report of Injury with the Bureau. You file a Claim Petition, form LIBC-362, with the Bureau only if the insurer denies or disputes the claim.
Filing deadline
Three years from the injury to file a Claim Petition under Section 315 (77 P.S. 602). In death cases the three years runs from the date of death, and prior payments of compensation can extend the period.
Who administers it
The Bureau of Workers' Compensation, within the Department of Labor and Industry (L&I). Disputes are decided by a workers' compensation judge, with appeals to the Workers' Compensation Appeal Board (WCAB).
How disputes are filed
By filing a Claim Petition (form LIBC-362) with the Bureau when the insurer denies or delays the claim. This must occur within the three-year period under Section 315 (77 P.S. 602).
Suggested Compliance Checklist
Report the injury to your employer in writing
Within 21 days of the injury (120 days maximum) days after startingGive your employer notice of the injury within 21 days to receive benefits from the date of injury, and within 120 days at the latest, or no compensation is allowed (Section 311, 77 P.S. 631). Do this immediately and keep a dated copy.
Get medical treatment and keep records
As soon as possible after the injury days after startingSeek treatment and tell the provider your injury is work-related. If your employer posted a list of approved providers, you generally must use one for the first 90 days. Keep every medical record, bill, and letter from the insurer.
Confirm the First Report of Injury is filed
After you report the injury days after startingYour employer must file a First Report of Injury with the Bureau of Workers' Compensation and notify its insurer. Confirm it was done, ask for the insurer's claim number, and keep proof of the date you gave written notice.
Track the insurer's decision and deadlines
While the claim is pending days after startingThe insurer will accept your claim with a Notice of Compensation Payable or deny it with a Notice of Compensation Denial. Save every letter and note the date of injury to protect the three-year filing window under Section 315 (77 P.S. 602).
File a Claim Petition if the claim is denied
Within three years of the injury days after startingIf the claim is denied, delayed, or disputed, file a Claim Petition, form LIBC-362, with the Bureau of Workers' Compensation within three years of the injury (Section 315, 77 P.S. 602). A workers' compensation judge then hears the case.
Consider attorney review of your claim
Before filing a Claim Petition days after startingA denied or disputed claim starts litigation before a workers' compensation judge, with appeals to the Workers' Compensation Appeal Board. Attorney review of your claim and any Claim Petition is available through DocDraft. Keep copies of everything you file.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Report the injury to your employer in writing | Give your employer notice of the injury within 21 days to receive benefits from the date of injury, and within 120 days at the latest, or no compensation is allowed (Section 311, 77 P.S. 631). Do this immediately and keep a dated copy. | - | Within 21 days of the injury (120 days maximum) |
| Get medical treatment and keep records | Seek treatment and tell the provider your injury is work-related. If your employer posted a list of approved providers, you generally must use one for the first 90 days. Keep every medical record, bill, and letter from the insurer. | - | As soon as possible after the injury |
| Confirm the First Report of Injury is filed | Your employer must file a First Report of Injury with the Bureau of Workers' Compensation and notify its insurer. Confirm it was done, ask for the insurer's claim number, and keep proof of the date you gave written notice. | - | After you report the injury |
| Track the insurer's decision and deadlines | The insurer will accept your claim with a Notice of Compensation Payable or deny it with a Notice of Compensation Denial. Save every letter and note the date of injury to protect the three-year filing window under Section 315 (77 P.S. 602). | - | While the claim is pending |
| File a Claim Petition if the claim is denied | If the claim is denied, delayed, or disputed, file a Claim Petition, form LIBC-362, with the Bureau of Workers' Compensation within three years of the injury (Section 315, 77 P.S. 602). A workers' compensation judge then hears the case. | - | Within three years of the injury |
| Consider attorney review of your claim | A denied or disputed claim starts litigation before a workers' compensation judge, with appeals to the Workers' Compensation Appeal Board. Attorney review of your claim and any Claim Petition is available through DocDraft. Keep copies of everything you file. | - | Before filing a Claim Petition |
Frequently Asked Questions
A workers' compensation claim is how an employee injured on the job, or made ill by work, obtains medical care and wage-replacement benefits from the employer's insurer, without proving fault. In Pennsylvania, you preserve a claim by reporting the injury to your employer, and you file a Claim Petition if it is disputed.
Reporting means giving your employer notice of the injury, which you should do within 21 days and must do within 120 days (Section 311). Filing is the separate step of submitting a Claim Petition, form LIBC-362, to the Bureau of Workers' Compensation, and you only need it if the insurer denies the claim.
You should report within 21 days of the injury to receive benefits from the date it occurred, and you must report within 120 days or no compensation is allowed (Section 311, 77 P.S. 631). Notice after 21 but within 120 days limits benefits to the date you reported.
All claims for compensation are forever barred unless a Claim Petition is filed within three years after the injury (Section 315, 77 P.S. 602). In death cases the three years runs from the date of death. Payments of compensation can extend the period, so file early.
If you report after 21 days but within 120 days, you can still get benefits, but only from the date you gave notice, not the date of injury (Section 311, 77 P.S. 631). If you wait past 120 days, no compensation is allowed at all, so report quickly.
Day to day, your employer's insurer decides whether to accept or deny the claim. If you disagree, a workers' compensation judge within the Department of Labor and Industry hears your Claim Petition and rules. Their decision can be appealed to the Workers' Compensation Appeal Board.
No. Pennsylvania workers' compensation is a no-fault system, so you do not have to prove your employer did anything wrong to receive benefits. You generally need to show the injury happened in the course of your employment and is related to it. Benefits are set by statute.
If the insurer denies or delays your claim, file a Claim Petition, form LIBC-362, with the Bureau of Workers' Compensation within three years of the injury (Section 315, 77 P.S. 602). A workers' compensation judge will hear it. Attorney review of your case is available through DocDraft.
Other Pennsylvania guides
Ready to Draft Your Document?
Get AI-powered legal documents with attorney review included. Plans start at $39.99/mo.