Injury claims in Pennsylvania
Deadlines, limited tort versus full tort, the 21-day and 120-day work injury rules, and the six-month notice period for claims against government.
Deadlines at a glance
| Claim | Deadline | Authority |
|---|---|---|
| Personal injury lawsuit | 2 years from injury | 42 Pa.C.S. § 5524 |
| Wrongful death | 2 years | 42 Pa.C.S. § 5524 |
| Notice against a Commonwealth or local agency | 6 months | 42 Pa.C.S. § 5522 |
| Work injury notice to employer | 21 days for full benefits, 120 days absolute | Act § 311 |
| Workers' comp claim petition | 3 years from injury or last payment | 77 P.S. § 602 |
Limited tort versus full tort
Under 75 Pa.C.S. § 1705 every policyholder elects one. Full tort preserves an unrestricted right for you and your household to seek compensation including non-economic damages. Limited tort is cheaper and gives that up unless the injury is a serious injury as defined in the policy, or an exception applies.
A limited tort insured can still recover non-economic damages where the at-fault driver:
- is convicted of, or accepts ARD for, driving under the influence in that accident
- was operating a vehicle registered in another state
- intentionally injured the person or another
- did not have the required financial responsibility
It also does not apply where the injured person was occupying a vehicle that is not a private passenger vehicle, or where the claim involves a motor vehicle defect and runs against the designer, manufacturer or a party that serviced it.
Your declarations page states your election. Finding it is worth doing before anything else, and it is one of the very few things about your own case you can establish without a lawyer.
Low minimum limits
Pennsylvania's mandatory minimum liability limits are among the lowest in the United States. When an at-fault driver carries only the minimum, the available coverage can be exhausted by a single hospital stay, which is why underinsured motorist coverage on your own policy often matters more than the other driver's.
Comparative fault
Modified comparative negligence with a 51% bar under 42 Pa.C.S. § 7102. Your damages are reduced by your share of fault, and if your share exceeds 50% you recover nothing.
Work injuries
Report to the employer within 21 days and accepted benefits can date back to the injury. Report between 21 and 120 days and benefits generally run from the report date. Past 120 days, Section 311 bars the claim.
Once you lose time from work, the employer is required to file a First Report of Injury with the Bureau of Workers' Compensation, and the insurer generally has 21 days to accept or deny. A claim petition must be filed within three years under 77 P.S. § 602.
Claims involving government
Claims against a Commonwealth agency or a local agency require notice within six months of the date the injury was sustained (42 Pa.C.S. § 5522). Sovereign and governmental immunity also limit which claims can proceed at all, with a defined list of exceptions. This is specialised ground and worth a lawyer's eye early.
Where to go without paying anyone
The Pennsylvania Bureau of Workers' Compensation administers work injury claims at no cost to the injured worker. The Pennsylvania Bar Association operates a lawyer referral service, and county bar associations including Philadelphia and Allegheny run their own.