Workers' Comp Exemptions in Pennsylvania

Most injured workers in Harrisburg, Pennsylvania, are covered by workers’ comp insurance. Workers’ compensation coverage applies to work-related injuries and occupational diseases. 

The Harrisburg workers’ compensation lawyers of Marzzacco Niven & Associates have over 120 years of legal experience. We are a top-rated and award-winning law firm. Our legal team believes in fighting for the rights of injured workers and their families.

If you are injured at work, contact our law firm to schedule a free consultation at (717) 231-1640 with one of our experienced Harrisburg workers’ comp attorneys. 

How Our Harrisburg Workers Compensation Lawyers Help You When You Are Injured on the Job

How Our Harrisburg Workers Compensation Lawyers Help You When You Are Injured on the Job

The process of receiving workers’ compensation benefits should be straightforward. The workers’ comp system aims to provide prompt medical treatment and wage loss benefits for injured workers. But unfortunately, the system does not always protect injured employees.

Therefore, our legal team at Marzzacco Niven & Associates works with you to get you the workers’ comp benefits you deserve. When you hire our law firm in Harrisburg, PA, to handle your case, you can expect us to:

  • Explain your legal rights under Pennsylvania workers’ compensation laws
  • Investigate the cause of your workplace injury or occupational illness
  • Help you complete all paperwork and meet deadlines
  • File all necessary claims and documents with the insurance carrier and the Bureau of Workers’ Compensation
  • Monitor the progress of workers’ compensation claims
  • Evaluate your right to sue a third party for additional damages
  • Hire medical experts and specialists as necessary
  • Aggressively pursue your claim with the insurance company and your employer to get you the benefits you deserve
  • Handle appeals and challenges of claims

We have over 25 years of experience handling work-related injuries. Let us help you receive the benefits you deserve after being injured at work. Call now for your free consultation with a Harrisburg workers’ comp lawyer.

Which Employers Are Required to Purchase Workers’ Compensation Insurance Coverage?

There are few exceptions to the requirement to purchase workers’ comp insurance. The Pennsylvania Workers’ Compensation Act sets the requirements for providing workers’ comp insurance.

Generally, having at least one employee working within the state who could sustain a work-related injury or occupational illness is sufficient to require an employer to provide workers’ comp. The worker may be employed part-time or full-time.

Employers also must provide workers’ comp for employees outside of the state if employment is localized within the state. Also, if the employee is under a contract executed in Pennsylvania, the employer must provide workers’ comp coverage.

However, there are some exceptions to the rule. Exceptions to the requirement to provide workers’ compensation insurance include:

  • Sole proprietors are not required to carry workers’ comp insurance
  • Domestic servants are exempt from workers’ comp
  • Agricultural workers who earn less than $1,200 per year from one employer and are hired for less than 30 days of work
  • Longshoremen and railroad workers
  • Federal employees and other employees covered by other workers’ compensation laws
  • Employees not working within their regular scope of employment for the employer’s business
  • Employees who request an exemption based on executive status in specific corporations
  • Employees who request an exemption based on religious beliefs

Employers may unintentionally misclassify employees as exempt. Sometimes, an employer may classify an employee as exempt to avoid paying for insurance coverage. 

Employers who do not provide required workers’ compensation coverage can face civil penalties. An injured employee could sue the employer if it does not have the required coverage. 

Also, an employer could face a misdemeanor or felony criminal charge. The penalties could include substantial fines and jail time. 

What Should I Do if My Employer Does Not Have Workers’ Compensation Insurance Coverage?

You could contact the Department of Labor and Industry regarding Pennsylvania workers’ compensation questions. However, the employees cannot give legal advice, and they are limited in the help they can provide.

It would be best to contact a workers’ compensation lawyer to discuss your case. An attorney verifies if your employer must have workers’ compensation insurance coverage. If so, your lawyer can take steps to hold your employer liable for your work injury.

You could have a civil claim against your employer if it does not have the required coverage. You might be able to sue your employer under state negligence and tort laws.

If you sue under personal injury laws, you could receive more compensation than you would receive for a workers’ comp claim. For example, you would be entitled to full reimbursement for all lost wages. You could also receive compensation for non-economic damages, including pain and suffering. 

The first step is to seek legal advice to understand your rights and options after a work injury.

Schedule a Free Consultation With Our Harrisburg Workers’ Compensation Lawyers

Obtaining your workers’ comp benefits is crucial after a work accident. You need those benefits during your recovery to pay expenses and bills. Call our law office to schedule a free case evaluation with a workers’ compensation attorney in Harrisburg.