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What determines whether a farm worker in Pennsylvania can file a workers’ compensation claim when they are injured is the number of employees that the farmer employs and how much those workers are paid. The rule specifically states that a farmer has to have at least one agricultural worker to whom they pay at least $1,200, or else employ at least one worker for a minimum of 30 days or more per calendar year. If you are a farm worker whose owner is large enough to meet this threshold, then you can proceed with a workers’ compensation claim.
In some cases, a farm owner may tell you that they are not required to carry workers’ compensation because of these rules, but hey may be incorrect, even if they believe that they are. A farmer who brings in day workers as independent consultants who has not checked to see whether their employer has provided appropriate insurance may end up responsible for the workers’ injuries. Even if not, there are still options available to you. A farm owner who does not provide workers’ compensation to a worker can be held liable in a personal injury lawsuit, and so can any third party whose negligence contributed to your injury.
An experienced workers’ compensation attorney from Vanasse Law will be able to help you answer these questions, and to determine what your options are. We will help you get compensation the compensation that you deserve for the damage that you’ve suffered. Contact us for a no obligation appointment to discuss your situation.