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Workers’ Comp Exemptions in Pennsylvania

In Pennsylvania, most employers are required to obtain workers’ comp insurance for their employees to ensure that injured workers receive compensation for medical expenses and wage loss.

The good news for workers is that they are not required to show that their employer was responsible for their injuries through negligence. If they are hurt at work, they receive the benefits. The bad news is that these workers’ comp benefits are employees’ only revenue for compensation. So, they are not allowed to sue their employer for the injuries, even if the employer was at fault.

If you have been injured on the job in Pennsylvania, let a Lancaster workers’ compensation attorney help you with this important process.

What Workers’ Comp Exemptions Apply to Employers?

Various types of employers are exempt from the workers’ comp requirement. In other words, certain employers do not need to purchase unemployment insurance for their employees. This can have a significant impact on how injured workers go about recovering from their accident-related losses. These exemptions include employer hires only, each under various conditions:

  • Federal Workers
  • Longshoremen
  • Railroad Workers 
  • Casual Workers
  • At-Home Workers
  • Agricultural Workers
  • Domestic Workers
  • Sole Proprietors or General Partners
  • Domestic employees (insurance is optional for employers)

What Are Workers’ Comp Exemptions for Employees?

Certain employees also have the option of requesting an exemption from coverage. These include:

  • Individuals who have been granted a religious exemption because their beliefs conflict with coverage requirements
  • Executive officers who have been granted an exemption
  • Certain licensed real estate salespeople who are exempt based on their qualification as independent contractors

When Can an Employee Sue Their Employer for an Injury at Work?

In Pennsylvania, you may be able to bring a legal claim against your employer under certain circumstances, including:

  • Employers in Pennsylvania are required to carry adequate workers’ comp insurance. If they do not,  you may be able to file a lawsuit against your employer to recover damages for your work-related injury or illness, even based on mere negligence.
  • You may be able to sue your employer for harm caused by your employer’s intentional acts if they acted with the specific intent of harming you. 
  • In some cases, you may also be able to sue a third party other than your employer who is partially responsible for your injury. 

Contact Our Lancaster Workers’ Compensation Attorney for Help With Your Job-Related Injury or Illness

Although the issues surrounding injuries and illnesses on the job can be pretty complex, the Lancaster workers’ compensation attorneys at Vanasse Law LLC are experienced in this area. If you have suffered a work-related injury or illness, we can help. Handling workers’ comp claims is all we do. Our experienced workers’ comp attorneys will help you examine your legal options and guide you through your workers’ comp pr legal claims process.

Let us help. Contact us online. You will receive a same-day response.