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- Who Is Covered by Workers’ Compensation in Pennsylvania?
Employees Eligible for Workers' Comp in Pennsylvania
Pennsylvania was among the earliest states to adopt a Workers’ Compensation Act. It was signed into law on June 2, 1916, and has helped provide coverage for millions of Pennsylvania workers over the last 110 years.
It’s a no-fault system designed to help a wide range of workers cover medical expenses and lost wages resulting from workplace injuries.
Who is covered by workers’ compensation in Pennsylvania? All employees from their very first day on the job are covered by workers’ compensation. That includes full-time, part-time, seasonal, or a minor. That coverage is mandatory for any business, even if it has only a single employee or is a nonprofit charitable organization.
Even though this is a comprehensive insurance program, it is not automatic. While workers are entitled to file an injury claim to seek compensation, that claim still needs to be approved. If it is denied, the worker will have the right to appeal.
That’s where things can get complicated and require the services of an experienced Philadelphia work injury attorney to help navigate the review process. Before you can file a workers’ compensation claim, you need to ensure you are eligible. The following post breaks down the state’s workers’ compensation eligibility requirements.
Types of Employees Covered Under Pennsylvania Law
The Workers’ Compensation Act specifies who is eligible to file for compensation. In order to file a claim, you need to be one of the following types of employees:
All Traditional Employees
This includes full-time, part-time, seasonal, and undocumented workers.
Minors
This includes teen workers who are fully protected under the law.
Remote and Traveling Employees
These employees would be covered if the injury occurs in the scope of their employment, such as at a client site or while on a business trip.
Corporate Officers
Most executive officers are covered by the program unless they opt out.
Special Categories and Exemptions From Coverage
Although the workers’ compensation program covers a wide range of employees, there are exceptions. These are the following employees who aren’t included in the program:
- Independent Contractors: Any independent contractors, freelancers, and consultants are not eligible for workers’ comp.
- Sole Proprietors & LLC Members: If you are a self-employed individual or a partner in an LLC, you are not automatically required to have coverage. However, they are entitled to purchase it voluntarily.
- Certain Agricultural Workers: These workers are exempt from the program if they work fewer than 30 days or earn less than $1,200 in a calendar year from a single employer.
- Domestic Servants: Coverage for household workers, such as maids or nannies, is generally optional for employers.
- Federal and Interstate Employees: Any federal workers covered by other specific programs, such as federal civil employees, railroad workers, and longshoremen, would be exempt from the program.
It’s important to keep in mind that if you were improperly misclassified, you may still be entitled to benefits. You can discuss this with an experienced attorney, who can determine your eligibility.
Meet Our Attorneys
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535Jeffrey Laffey
Jeffrey LaffeyAreas of Practice
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536Paul Bucci
Paul BucciAreas of Practice
- Car/Truck Accidents
- Construction Accidents
- Medical Malpractice
- Premises Liability
- Products Liability
- Workplace Accidents
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539Sam Reich
Sam ReichAreas of Practice
- Car/Truck Accidents
- Construction Accidents
- Medical Malpractice
- Premises Liability
- Products Liability
- Workplace Accidents
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541Stewart Ryan
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6024Griffin Remick
Griffin RemickAreas of Practice
- Car/Truck Accidents
- Construction Accidents
- Medical Malpractice
- Premises Liability
- Products Liability
- Workplace Accidents
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13932Jake Warner
Jake WarnerAreas of Practice
- Car/Truck Accidents
- Clergy Abuse Cases
- Personal Injury
- Premises Liability
- School Abuse Cases
- Sexual Assault
- Victims of Crime
- Workplace Accidents
Coverage for Specific Workplace Injuries and Illnesses
When you think of workplace accidents, you might conjure up images of construction workers injured with power tools. While those types of injuries do occur, you can be hurt on any type of job.
If you’re eligible, you can file for the following types of injuries:
- Slip and fall accidents
- Broken bones
- Sprains
- Machinery injuries
- Electrocutions
- Burns
- Repetitive stress injuries, such as carpal tunnel syndrome
- Herniated disks
- Pinched nerves
- Spinal cord injuries
- Back strain
There is another category of workplace areas that are categorized as occupational. These are injuries that result from workplace exposure and may take years to manifest. These can include respiratory conditions such as pneumoconiosis (black lung), silicosis, and breathing conditions caused by hazardous chemical exposure.
Workers who experience hearing loss due to continuous, excessive workplace noise can also apply for workers’ compensation.
If you file a workers’ compensation claim for any injury, it must be within 120 days of the incident or the discovery of the diagnosis.
What to Do If Your Employer Denies Coverage
The best time to file a workers’ compensation claim is immediately after the accident occurs or you’ve been diagnosed with an occupational injury. The sooner you start the process, the sooner you can get compensation, unless there are complications.
If your employer denies you coverage, you have rights. Those rights can be explained by the legal team at Laffey Bucci D’Andrea Reich & Ryan.
We have provided support and guidance for many injured workers in Philadelphia and across the state. We have a thorough understanding of all the applicable workers’ compensation laws. We’ve also successfully defended many clients in appeals. Our goal is to help our clients achieve the maximum benefits allowed under the program to support their recovery and ease their financial burdens.
If you’ve been injured on the job and are overwhelmed at the prospect of filing a workers’ compensation claim, we want to hear from you.
Call to set up a free consultation and get your questions answered today.
Legal Rights of Injured Workers
We represent victims in work-related injury claims, using our valuable experience and talented team to pursue maximum compensation on behalf of tradesmen injured on the job. Our attorneys are licensed to practice in Pennsylvania, New Jersey, New York, Delaware, New York, Illinois, Florida and West Virginia.
The vast majority of work place accidents are covered under workers’ compensation. However, there are a substantial amount of remedies that may be available to you that are not covered under workers’ compensation and that’s where we come in. Please call Laffey Bucci D’Andrea Reich & Ryan so we can evaluate your claim and provide you with all of your options.