Recent changes in workers’ compensation claims in Pennsylvania

Laws constantly change to reflect the changing times. Laws regarding workers’ compensation are no different. New technologies and medical discoveries require more coverage. Changing work conditions also leads to new regulations. Here are the recent changes in workers’ compensation rules in Pennsylvania in 2024.

PCRB changes experience modifier calculations

Since April 2024, the Pennsylvania Compensation Rating Bureau (PCRB) has changed how it calculates the Experience Modifier Rating (EMR). It lowered the premium threshold for modifier eligibility and adjusted the injury cap based on employer size. This change aims to create a fairer system where businesses with fewer claims will have lower premiums, and companies with more will have higher premiums.

The Red Book is out

The Pennsylvania Commonwealth Court has ruled that the “Red Book,” used as a reference in determining the Average Wholesale Price (AWP), is no longer valid. The Pennsylvania Bureau of Workers’ Compensation issued a memo acknowledging this decision but stated it is still reviewing it and will issue updated guidelines soon. This means that you may quickly see lower medication prices and thereby lower medical expenses.

Limited coverage for consequential injuries

If you have suffered a secondary injury due to an earlier injury you sustained at work, you may find it harder to claim compensation for that second injury. Courts may now require you to prove that the two injuries are related.

Medical marijuana reimbursement

You may now be able to claim compensation for medical marijuana expenses if such treatment is deemed reasonable and necessary for treating your work injury. The treatment must be specifically for the work injury suffered and not for anything else.

If you have suffered an injury at work, consider seeking legal counsel to advise you on any compensation issues you may have.