How Long Does a Workers’ Compensation Case Take in Pennsylvania?
The length of a workers’ compensation case in Pennsylvania depends on the facts of the claim, whether benefits are disputed, and whether the case settles or proceeds to a judge’s decision. While many cases resolve through settlement before trial, a fully litigated workers’ compensation claim can take about a year from start to finish.
At Stern & Cohen, our goal is to provide injured workers with clear, practical information about Pennsylvania workers’ compensation law. Our blog is here to answer the questions clients ask most often and to guide you through the process of protecting your rights after a workplace injury.
One of the most common questions we hear during an initial consultation is: “How long will my workers’ compensation case take?” It’s an important and fair concern. If your lost wages are denied by the insurance company, you and your family may suddenly be without income — and understandably, you want to know how soon you can expect results.
What Happens if Your Claim Is Denied?
If your claim is denied, we must file a Claim Petition. This is the first step in getting your case into Pennsylvania workers’ compensation court so we can fight for your lost wages and medical benefits.
Here’s what typically happens:
Case Assignment: Once we file the Claim Petition, your case is quickly assigned to a Judge in your county.
First Hearing: Usually held within three to four weeks.
Your Testimony & Medical Evidence: We have 90 days to present your case, including your testimony. Within 45 days, the insurance company may send you for an independent medical examination.
Insurance Company’s Defense: They must present their evidence within 90 days of ours.
Most evidence is completed within about six months. After this, both sides file legal briefs, and the Judge typically issues a decision within another two to three months.
👉 In total, a litigated case often takes about one year from start to finish.
Settlements Often Happen Sooner
The good news is that most workers’ compensation cases settle before a Judge issues a decision. Many cases resolve through:
Mediation during litigation
Direct negotiation with the insurance company’s lawyer
At Stern & Cohen, we have extensive experience securing fair settlements early, but we are also fully prepared to take your case to a decision if necessary. Unlike some firms, we are not afraid to go to trial when that’s in your best interest.
Why Communication With Your Lawyer Matters
The workers’ compensation process can feel overwhelming if you don’t know what to expect. That’s why transparency and communication are so important. At Stern & Cohen, we keep you updated at every step, explain your options, and make sure you feel supported.
When you understand the timeline and process, a year doesn’t feel like a lifetime — it feels manageable.
Talk to a Pennsylvania Workers’ Compensation Attorney Today
If you have been injured at work, Stern & Cohen can help.
Our Pennsylvania workers’ compensation attorneys stay current on changes in the law and fight to protect the rights of injured workers throughout Pennsylvania.
Contact Stern & Cohen today for a free consultation.
FAQs
How long after filing a Claim Petition will my first hearing be?
In most Pennsylvania workers’ compensation cases, the first hearing is scheduled within a few weeks after the Claim Petition is filed and assigned to a Workers’ Compensation Judge.
Can I receive workers' compensation benefits while my case is pending?
If the insurance company has denied your claim, benefits are generally not paid while the case is being litigated. However, if you ultimately win your case, you may be entitled to retroactive wage-loss benefits.
How long does the insurance company have to accept or deny my claim?
After receiving notice of a work injury, the insurance company generally has 21 days to accept the claim, deny the claim, or temporarily accept the claim while it continues its investigation.
Do most Pennsylvania workers' compensation cases settle?
Many workers’ compensation cases resolve through settlement before a Judge issues a final decision. Settlements may occur through mediation, direct negotiations, or other discussions between the parties.