Is My Employer Required to Have Workers’ Compensation Insurance?

It would be nice if every employee in the state of Pennsylvania had the sense of security provided by having their employer provide them with workers’ compensation coverage. This no-fault form of insurance means that when a workplace injury or illness occurs, the employee can get compensation for their medical expenses and care, their lost wages, and even compensation for specific injuries or total disability. Workers’ compensation even provides benefits to survivors of employees who are killed on the job. Unfortunately, workers’ compensation is not required of every Pennsylvania employer. As experienced workers’ injuries attorneys, the law firm of Vanasse Law is dedicated to providing you with the answer to all of your workers’ compensation questions. If you need to know whether your employer is required to have workers’ compensation insurance, you may find the information you’re looking for below. If you still have questions, we invite you to call our office to set up a consultation.

The rules regarding workers’ compensation would be fairly straightforward if there were not so many exceptions. They set out that any employer that employs at least one employee who could possibly be injured or develop a work-related illness has to provide this important benefit. This is true whether the injury occurs while in the state or outside of the state to an employee who is principally based within Pennsylvania.  This also includes those who are working under a contract made in Pennsylvania.

The exceptions that make Pennsylvania’s workers’ compensation requirements difficult to understand are numerous. Employers do not have to provide workers’ compensation coverage if all of their workers are federal workers, railroad workers, or longshoremen. They do not have to provide coverage for casual workers who are not working for the business on a regular basis or for those who work out of their own homes or another location who is responsible for working on items that the business has given to them that the business will end up selling. There is no requirement that employers provide coverage to agricultural laborers making less than $1200 per year in circumstances where no single worker works 30 days or more per year and/or the employer’s spouse or children under the age of 18 have not specifically requested coverage.  There are other exemptions, including sole proprietor or general partnership businesses, domestic workers who haven’t requested inclusion, persons whose religious beliefs have granted them exemption or executive officers who have been granted exclusions. Interestingly, licensed real estate salespersons or associate real estate brokers who are affiliated with them are also excluded.

What is important to remember is that these exclusions only apply if all of the business’ requirements meet one or more of the requirements listed above – otherwise the business needs to provide coverage. If you are confused as to whether you are supposed to be receiving coverage or not, the attorneys at Vanasse Law can help. Contact us today for more information.