Does My Employer Have to Have Workers’ Compensation?

Workers’ compensation is great protection for employees in Pennsylvania. If you get injured on the job, then this insurance helps to pay for your medical care and may also offer you wages while you are off work during your recovery. However, these benefits only apply if your employer this insurance. Luckily, according to the Pennsylvania Department of Labor & Industry, every employer who has at least one employee must carry workers’ compensation insurance.

Some states are less restrictive, so it is a good thing this state is strict about workers’ compensation. Now, even with this requirement that pretty much means every employer will have to carry this insurance, there are still exceptions. The law does not apply to you if you work for the railroad or federal government. It also does not apply to longshoremen or if you are a casual employee.

Other exemptions include real estate salespersons and brokers, domestic workers, sole proprietors and executive officers. Also, if you work as an agricultural laborer and you earn less than $1,200 per year and do not work more than 30 days per year, then you are also exempt. This includes children or spouses who are working on a farm. Finally, if you own your own business laundering, repairing or altering garments, then you are not required to have workers’ compensation.

In general, most employers will carry the insurance. Not having it when mandated to is a violation of the law and punishable by criminal charges. This information is for education and is not legal advice.