Workers’ Comp Exemptions in Pennsylvania
Work-related injuries and illnesses can result in substantial wage loss for injured workers. Pennsylvania workers’ compensation covers most workplace accidents and injuries. However, there are some exceptions that all workers should be aware of before an injury occurs.
The Philadelphia workers’ compensation lawyers of Zavodnick & Lasky Personal Injury Lawyers have over 80 years of combined experience fighting for the rights of injured workers in Pennsylvania. Since 1985, our personal injury lawyers have recovered millions of dollars in jury verdicts and settlements for our clients.
If you were hurt on the job, you need an experienced workers’ comp attorney to fight to get you the maximum workers’ compensation benefits available for your case. Contact our law office to schedule a free consultation at (215) 875-7030 with one of our workers’ compensation lawyers in Philadelphia, PA.
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How Our Philadelphia Worker’s Comp Lawyers Help You With a Workers’ Compensation Claim
Workers’ compensation laws in Philadelphia, Pennsylvania, provide benefits for injured employees, including lost wages benefits and medical care. Workers’ compensation insurance is a no-fault system, so you should not need to prove fault or negligence to receive benefits.
However, your employer and the insurance company might fight your claim to save money. An insurance carrier is only interested in cutting costs, so you need someone to hold the company accountable if it tries to unjustly deny your claim or pay you less than the amounts you are entitled to receive for workers’ comp benefits.
When you hire our award-winning legal team to handle your claim, you can expect us to:
- Explain your rights under the Pennsylvania Workers’ Compensation Act
- Investigate the cause of your workplace injury to determine if you have a third-party claim
- Complete paperwork for filing and/or appealing a workers’ compensation claim
- File all documents with the insurance carrier and the Bureau of Workers’ Compensation
- Monitor the progress of your workers’ compensation claim
- Work with medical experts to evaluate the extent of your work injuries and permanent impairments
- Pursue all workers’ comp benefits and third-party claims to get you the maximum compensation for a work injury
Our Philadelphia workers’ compensation lawyers are dedicated to helping injured workers get the benefits they deserve. Call us now for a free consultation to discuss your case.
Are All Pennsylvania Employers Required to Provide Workers’ Compensation Coverage?
With very few exceptions, employers in Pennsylvania are required to purchase workers’ compensation insurance. Typically, having at least one part-time or full-time employee working in Pennsylvania is sufficient to require the employer to purchase workers’ comp coverage. Also, if the employer has employees localized in Pennsylvania but working out-of-state, they must have workers’ comp insurance.
Workers’ compensation insurance ensures that workers receive the medical care they need. It also provides income benefits if they cannot work after a work accident.
By providing workers’ compensation insurance, employers are generally protected from employee lawsuits for work injuries. Filing a worker’s comp claim is the exclusive remedy for most workplace injuries.
However, some employers are exempt from the requirement to provide workers’ compensation coverage. Workers’ comp exemptions include:
- Railroad workers and longshoremen
- Domestic servants are exempt from workers’ comp
- Sole proprietors are not required to have workers’ comp
- Agricultural workers who are hired for less than 30 days and earn less than $1,200 from one employer per year
- Employees requesting an exemption for religious beliefs
- Employees working outside of their normal scope of employment for the employer’s business
- Federal employees and workers who are covered by other workers’ compensation laws
- Corporate employees who request an exemption based on executive status
Employers may misclassify an employee as exempt to avoid the requirement to purchase workers’ comp insurance. An injured worker could sue employers who do not have the required coverage.
Furthermore, the state could charge the employer with a felony or misdemeanor criminal offense for failing to have required workers’ compensation insurance. An employer could be fined and face jail time for a conviction.
What Should an Employee Do if Their Employer Does Not Have Workers’ Compensation Insurance?
Contact a workers’ compensation lawyer for legal advice. A lawyer can verify whether the employer is exempt from the requirement to have workers’ comp insurance.
You could also contact the Pennsylvania Department of Labor and Industry. However, only a lawyer can give you legal advice regarding your options.
Options for receiving benefits or compensation after a workplace injury could include:
- Filing a workers’ compensation claim
- Filing a lawsuit against your employer
- Filing a third-party claim against the party who caused or contributed to the cause of your injury
Your options depend on the facts and circumstances of your workplace injury. The first step is to contact our law office for a free case evaluation. Our lawyers are available to answer questions and assess your case free of charge.
Schedule a Free Consultation With Our Philadelphia Workers’ Compensation Lawyers
Have you been injured at work? If so, we can help. Call or contact us online to schedule your free case evaluation with an experienced worker’s compensation attorney in Philadelphia, PA.