Do Self-employed Need Workers Compensation Insurance in Pennsylvania?

November 26, 2024 | Workers’ Compensation

Do Self-employed Need Workers Compensation Insurance in Pennsylvania?

The Pennsylvania Department of Labor and Industry oversees workers’ compensation claims. In Pennsylvania, workers’ compensation is required for companies that employ one or more employees. The rules are different for self-employed individuals.

Self-Employed Individuals in Pennsylvania

If you are self-employed, you are considered an independent contractor or a sole proprietor. You are not required to purchase workers’ compensation insurance unless you have employees.

However, if you are self-employed, workers’ compensation coverage is still available if you want to purchase it. Whether it is worth the expense depends on your circumstances. If you work in an industry with a high risk of injuries, then having insurance coverage may be worthwhile.

However, you might receive more benefits by purchasing another type of insurance coverage instead of workers’ compensation insurance. For example, you may want to purchase disability insurance, a business owner’s policy, health insurance, or business income insurance.

Workers’ compensation insurance pays for reasonable medical expenses. It can also compensate employees for two-thirds of their average weekly wages if their injury prevents them from working while they recover. However, other insurance policies might provide more benefits. You should consult a reputable insurance agent to discuss your options.

Will the Companies I Work for Require Me to Have Workers’ Compensation if I Am Self-Employed?

Individuals are considered employees unless proven otherwise. You must be free from someone’s direction or control over the services you provide. You must also be engaged in an independently established business, trade, occupation, or profession. If so, you are self-employed.

Some employers may require self-employed individuals to have workers’ compensation insurance, which protects them from being responsible for work-related accidents.

As a non-employee, you could sue the company you are performing services for if it was negligent in causing your injuries. Because this would be a personal injury claim, you could seek compensation for all your economic and non-economic damages.

Examples of personal injury damages may include:

The damages in a personal injury case could be substantial, depending on the severity of your injuries and other factors. Therefore, the company may want to limit its liability by forcing you to have insurance coverage. Unfortunately, obtaining self-employed workers’ compensation insurance can be difficult and expensive.

What Should I Do if I’m Self-Employed and Injured While I Am at Work?

If you are injured in a workplace accident, there may be several options for you to receive compensation. You may be covered under your insurance if you have self-employed workers’ compensation insurance or a different kind of insurance policy, in which case you can file a claim with your insurance provider.

However, if a company, property owner, or another third party caused your injuries, you may have a personal injury claim against them. Steps you can take to protect your rights include:

  • Report the accident to the company or property owner immediately.
  • Take photographs and make a video of the accident scene, including any hazards that caused your injury.
  • Obtain the names and contact details of eyewitnesses.
  • Seek immediate medical attention for your injuries, as delays in medical care can negatively affect your injury claim.
  • Document your financial losses and other damages by keeping copies of all records and keeping detailed notes.

Your best option is to consult a Harrisburg workers’ compensation lawyer to discuss your legal options. Understanding your legal options is the first step in seeking compensation for a job-related injury. An experienced attorney can evaluate your case and explain your rights.

If you’ve been injured in a workers’ compensation, please contact Marzzacco Niven & Associates at the nearest location to schedule a free consultation today:

Harrisburg Law Office
945 East Park Drive, Suite 103 Harrisburg, PA 17111
(717) 231-1640

York Law Office
2550 Kingston Road, Suite 210A York, PA 17401
(717) 995-8998

Wyomissing Law Office
833 N. Park Road, Suite 103, Room A Wyomissing, PA 19610
(717) 388-2325

Chambersburg Law Office
79 St. Paul Drive, Suite 1 Chambersburg, PA 17201
(717) 388-2378

Carlisle Law Office
354 Alexander Springs Road Carlisle, PA 17015
(717) 995-8732

Carbondale Law Office
30 Lincoln Avenue, Suite 101 Carbondale, PA 18407
(717) 995-8810

Lancaster Law Office
2173 Embassy Drive, Ste 123, Lancaster Pa 17603
(717) 616-2954

Lebanon Law Office
937 Willow Street, Suite D Lebanon, PA 17042-1140
(717) 995-8963