New Castle Workers’ Compensation Attorney Joseph A. George Explains the Workers’ Compensation Process in Pennsylvania
NEW CASTLE, PA – September 24, 2026 – Injured workers across Western Pennsylvania often face confusion about how to protect their rights after a workplace injury, from the first injury report through medical treatment, benefit determination, and appeals. New Castle workers’ compensation attorney Joseph A. George of Luxenberg Garbett Kelly & George P.C. (https://www.lgkg.com/what-is-the-workers-compensation-process-in-pennsylvania/) has released guidance outlining each stage of the Pennsylvania workers’ compensation process to help injured workers understand what to expect and how to preserve their eligibility for benefits.
According to New Castle workers’ compensation attorney Joseph A. George, the process begins the moment an injury occurs and continues through medical care, wage-loss benefits, and, if necessary, appeal or settlement. Pennsylvania law requires workers to notify their employer within 120 days of a work-related injury or, in the case of an occupational illness, once they know or reasonably should know the condition is job-related. “Reporting an injury promptly protects a worker’s right to benefits and creates a clear record of when and how the injury happened,” George explains.
New Castle workers’ compensation attorney Joseph A. George notes that timing is critical throughout the process. While the law generally allows up to 120 days to notify an employer, reporting within 21 days helps preserve the right to receive benefits dating back to the date of injury. Once an employer reports the injury, the insurer may accept the claim, deny it, or issue temporary compensation while investigating.
The firm points out that eligible workers may receive several types of benefits, including payment for lost wages, coverage of reasonable medical expenses such as treatment, medications, and therapy, and specific-loss benefits for the loss of a body part, hearing, sight, or serious and permanent disfigurement. George advises injured workers to keep written notice, appointment records, work-status notes, and prescription information throughout the claim.
Medical treatment is governed by specific rules under Pennsylvania law. Attorney George explains that when an employer posts a valid list of at least six designated health care providers, at least three of whom must be physicians, an injured worker generally must begin treatment with a listed provider for the first 90 days after the initial visit. “If an employer does not have a valid posted provider list, the worker may choose their own health care provider,” George observes, adding that emergency care may always be sought from any provider.
The guidance also addresses the Independent Medical Examination, or IME, which an employer or insurer may require after benefits begin. Fellow New Castle workers’ compensation attorney Lawrence M. Kelly emphasizes the importance of cooperation during this stage. “Refusing an Independent Medical Examination can prompt the employer to seek an order compelling attendance, and ignoring that order can lead to suspended benefits,” Kelly notes. He advises workers to maintain a current medication list, testing history, and treatment plan so any differences between the treating physician and the examining doctor can be clearly identified.
Kelly also explains the deadlines that govern formal claims. If a claim is denied, a worker generally has three years from the date of injury to file a Claim Petition under Section 315 of the Pennsylvania Workers’ Compensation Act. Reporting an injury to an employer does not satisfy this separate filing requirement, and missing either deadline can prevent recovery of benefits.
The firm outlines the difference between total and partial disability benefits. Total disability benefits apply when a worker cannot return to work and typically provide about two-thirds of the average weekly wage, subject to the maximum rate for the year of injury. After 104 weeks of total disability, an employer or insurer may request an impairment rating evaluation; a rating below 35% may convert the worker’s status to partial disability, which is capped at 500 weeks. Attorney George advises workers to preserve pre-injury wage records and post-injury pay stubs, and to disclose concurrent employment, which can affect the average weekly wage used in the calculation.
When a claim is denied, the case may be challenged by filing a Claim Petition, which is assigned to a workers’ compensation judge who holds hearings and issues a written decision. Kelly stresses that a party disagreeing with that decision has only 20 calendar days from the circulation date to file a Notice of Appeal with the Workers’ Compensation Appeal Board. Many claims ultimately resolve through a Compromise and Release Agreement, governed by Section 449 of the Act, in which a worker accepts a lump-sum payment in exchange for resolving some or all future benefits, subject to approval by a workers’ compensation judge.
For injured workers facing denied claims, delayed benefits, or uncertainty about the workers’ compensation process, contacting an experienced attorney early may help protect important rights and deadlines. The firm serves clients throughout New Castle, Lawrence County, Butler County, and the surrounding Western Pennsylvania region.
About Luxenberg Garbett Kelly & George P.C.:
Luxenberg Garbett Kelly & George P.C. is a New Castle, Pennsylvania law firm that has served injured workers across Western Pennsylvania since 1933. Attorneys Joseph A. George and Lawrence M. Kelly focus on workers’ compensation matters, including reporting issues, benefit disputes, IME concerns, appeals, and settlements, and represent clients throughout Lawrence County, Butler County, and the surrounding areas. The office is located at 315 N Mercer St, New Castle, PA 16101. For a free consultation, call (724) 658-8535.
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Company Name: Luxenberg Garbett Kelly & George P.C.
Contact Person: Lauren Kelly Gielarowski
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Phone: (724) 658-8535
Address:315 N Mercer St, New Castle, PA 16101
City: New Castle
State: Pennsylvania
Country: United States
Website: https://www.lgkg.com/
