A Pennsylvania workers’ compensation hearing is a contested case decided by a single Workers’ Compensation Judge appointed by the Department of Labor and Industry. There is no jury. From the first hearing to a final decision typically takes twelve to eighteen months, and the entire process can be intimidating for an injured worker who has never been through it before.
At Lerner, Steinberg and Associates, we have represented injured Pennsylvania workers at workers’ compensation hearings for more than 34 years across Bucks, Chester, Delaware, Montgomery, Berks, and Dauphin counties. Here is what triggers a hearing, what the petition types mean, what to expect at each phase, and what your role is throughout the process.
How a Workers’ Comp Hearing Differs From a Regular Court Trial
Workers’ compensation hearings are not like criminal trials or even most civil court proceedings. There are no juries. The case is decided by a single Workers’ Compensation Judge whose entire job is hearing workers’ compensation cases. They are an administrative law judge, not a general trial judge, which means they are highly practiced in this specific area of law.
The rules of evidence are more relaxed than in traditional court. Documents and depositions are routinely accepted in place of live testimony. The judge’s written decision determines whether you receive benefits, how much, and for how long. According to the Pennsylvania Workers’ Compensation Office of Adjudication, the Office operates twenty-one field offices across the state and conducts the vast majority of contested workers’ compensation matters in Pennsylvania.
What Triggers a Workers’ Comp Hearing
A hearing is triggered when there is an unresolved dispute that one side has formalized by filing a petition. The most common petition types are:
- Claim Petition — you file this when the insurance company denied your initial claim and you need a judge to order benefits paid
- Termination Petition — the insurance company files this to stop your benefits entirely, usually based on an Independent Medical Examination claiming you have fully recovered
- Modification or Suspension Petition — the insurance company files this to reduce or pause your benefits, often after claiming you can perform some level of work
- Reinstatement Petition — you file this when benefits were cut off and you believe they should be restored, often because your condition has worsened
- Penalty Petition — you file this when the insurance company is not paying benefits they owe under an existing order, which can result in additional money awarded against the employer
- Review Petition — you file this to change the accepted injury description, for example when a new diagnosis emerges from the same accident
- Compromise and Release Petition — either side files this to formalize a settlement, and a brief hearing confirms you understand what you are agreeing to
Each petition type frames a different question for the judge to decide, which affects how long the hearing process takes and what evidence matters most.
How Long Until Your Case Is Heard
Once a petition is filed, your case is assigned to a Workers’ Compensation Judge in the appropriate district office. The judge will schedule a first hearing within a few weeks. From the first hearing to a final decision typically takes twelve to eighteen months, sometimes longer for cases with complex medical evidence. The process is slow because both sides need time to gather records, conduct depositions of treating doctors and Independent Medical Examination doctors, and present their cases properly.
Are Hearings Held Virtually or In Person
Most workers’ compensation hearings in Pennsylvania are now conducted by video conference. The Office of Adjudication adopted virtual hearings during the COVID pandemic and has kept them as the default because they speed up the process and reduce travel burdens on injured workers. Some hearings, particularly final hearings with live witness testimony, still happen in person at one of the district field offices. Your attorney will tell you which format applies to your specific hearing.
The Phases of a Workers’ Comp Hearing
The First Hearing
The first hearing is mostly procedural. The judge confirms the issues in dispute, sets deadlines for medical evidence, and may take preliminary testimony from you about how your injury happened. You will be sworn in and asked questions by both your attorney and the insurance company’s defense attorney. If your case was sent to mediation and did not resolve, this is also when the case formally moves toward decision. We cover the mediation step separately in our overview of workers’ comp mediation in Pennsylvania.
Medical Depositions
The bulk of the evidence in a workers’ compensation case is medical. Your treating doctor will give a deposition that explains your injury, your treatment, and your restrictions. The insurance company will depose their Independent Medical Examination doctor, who will offer a different opinion (almost always one that favors the insurance carrier). These depositions are usually taken outside of the hearing itself, often by phone or video, and the transcripts become part of the record the judge reviews.
Lay Testimony and Vocational Evidence
You may be called to testify about your daily life, your pain, and what you can and cannot do. The insurance company may bring in a vocational expert who claims you can perform certain types of work. Your side may bring evidence to counter that, including testimony from family members or coworkers who can describe your limitations.
Final Hearing and Decision
Once all the evidence is in, both attorneys submit written briefs to the judge. The judge then reviews everything and issues a written decision. That decision is mailed to both parties and either side can appeal it within twenty days. In most cases the judge does not announce the decision at the hearing itself; you receive it in the mail weeks or months later.
Will the Hearing Be Recorded
Yes. Every workers’ compensation hearing is recorded by a court reporter or by the Office of Adjudication’s audio system. The transcript becomes part of the official record that the judge reviews when writing the decision and that the Appeal Board reviews if either side appeals. Anything you say under oath at a hearing can be used against you later, which is why your attorney will prepare you carefully before any testimony.
What You Have to Do During the Process
Your most important job is to keep your attorney informed and to follow medical treatment as recommended. Insurance company investigators may conduct surveillance during this period, looking for any reason to challenge your disability status. Do not exaggerate your limitations, but do not push yourself past what your doctor allows either. Both will be used against you.
Some other practical reminders during the hearing process:
- Show up on time for every hearing, in person or virtual
- Dress appropriately, even for video hearings. A legal proceeding is a legal proceeding
- Tell the truth. Inconsistencies between your testimony, your medical records, and surveillance footage will be exploited
- Do not post about your injury or your activities on social media. Insurance defense firms routinely subpoena Facebook, Instagram, and TikTok history
- Tell your attorney about any new symptoms, treatments, or changes in your situation
- Save every piece of paperwork the insurance company sends you
What Happens If You Lose at the Hearing
Losing a workers’ compensation hearing is not the end of the road. You have the right to appeal the decision to the Workers’ Compensation Appeal Board within twenty days. If the Appeal Board upholds the decision, further appeals to the Commonwealth Court and Pennsylvania Supreme Court are possible, though increasingly difficult. Appeals are paper appeals based on the existing record; no new evidence is introduced at the appellate level, which is why building the strongest possible record at the original hearing matters so much.
For workers whose initial claim was denied and who are heading to a Claim Petition hearing, our overview of a denied workers’ compensation claim covers what to do in the weeks before the hearing.
Why Going to a Hearing Without an Attorney Is a Mistake
Workers’ compensation insurance companies are sophisticated and well-funded. They have full-time defense attorneys who handle these cases every day. They know which doctors they can rely on for favorable Independent Medical Examination opinions, which arguments judges respond to, and what procedural moves to make. Going to a hearing against them without your own experienced attorney is almost always a losing proposition, because you are also responsible for paying for depositions, expert reports, and medical record subpoenas — costs that an experienced firm fronts on your behalf.
At Lerner, Steinberg and Associates, we have been representing injured Pennsylvania workers at workers’ compensation hearings for more than three decades. We know the judges, the defense firms, and the playbook the insurance companies use. If your case is heading to a hearing, schedule a free consultation through our contact page.
Frequently Asked Questions About Pennsylvania Workers’ Comp Hearings
How long does a Pennsylvania workers’ comp case take from petition to decision?
From the first hearing to a final written decision, a contested Pennsylvania workers’ compensation case typically takes twelve to eighteen months. Cases with complex medical evidence or multiple appeals can stretch beyond two years. Most of the elapsed time is consumed by medical depositions and the time the judge needs to issue a written decision after the final hearing.
Will the Workers’ Compensation Judge decide my case at the hearing?
In most cases the judge does not announce a decision at the hearing itself. After all evidence is in and both attorneys submit written briefs, the judge issues a written decision that is mailed to both parties. The exception is a Compromise and Release hearing where the parties are formalizing a settlement; in those, the judge typically confirms approval at the hearing.
Are Pennsylvania workers’ comp hearings held in person or by video?
Most hearings are now conducted by video conference. The Office of Adjudication adopted virtual hearings during the COVID pandemic and kept them as the default because they reduce travel time for injured workers. Some hearings still happen in person at one of the twenty-one Office of Adjudication field offices, typically when live witness testimony is required.
Can I lose my workers’ comp benefits at a hearing?
Yes. If the insurance company filed a Termination, Modification, or Suspension Petition and the judge rules in their favor, your benefits can be stopped, reduced, or paused. You have twenty days from the decision to file an appeal with the Workers’ Compensation Appeal Board. This is exactly why facing a hearing without an experienced workers’ compensation attorney is risky.
Do I have to testify at my workers’ comp hearing?
In most cases yes. You will usually be sworn in and asked to describe how your injury happened, what your symptoms are, what your daily limitations look like, and what treatment you have received. Your attorney will prepare you in advance so the testimony is accurate and consistent with your medical records. Insurance defense attorneys are skilled at finding inconsistencies between hearing testimony, prior depositions, and medical records.
