When you have been injured on the job, you may be concerned that you will be unable to provide for your family because you cannot work. You may be facing extensive medical treatments, wondering how you will be able to pay for them. Your injuries may be severe enough you believe you will need to apply for disability.
In Pennsylvania, when you are injured on the job, you are eligible for workers’ compensation, but there are certain types of employment that are restricted as far as compensation coverage.
Who is Eligible for Workers Compensation?
In Pennsylvania, you are eligible for workers’ compensation if you are hurt on the job, aggravate a preexisting injury or develop a work-related illness. Even if the injury was your fault, you are covered under workers’ comp unless the injury was self-inflicted and intentional.
If you have no fixed place of work, such as traveling nurses, salespersons or consultants, you are covered once you are considered “on-the-clock,” even if you are traveling between job sites. If you are on your lunch hour, you are usually not covered, however nor are you covered if you are injured while working for your employer at your own home.
Who is Covered by Workers Compensation Benefits?
If your employer has at least one employee who could be injured or develop a work-related illness either within Pennsylvania or outside the state, you are required to be covered by workers’ compensation. If all workers fall under the following category, an employer may be exempt from providing workers’ comp:
- Casual workers
- Domestic workers who have elected not to come under the Workers’ Compensation Act
- Federal employees
- Home-based workers
- Longshoremen
- Railroad workers
- Religious exemptions granted by the Department of Labor & Industry
- Sole proprietors
In addition, agricultural laborers earning under $1,200 per person per calendar year and whose employer does not have one agricultural worker employed for 30 days or more in a calendar year may not be eligible for workers’ comp. Licensed real estate brokers or insurance agents affiliated with a licensed agency may be exempt under written agreements with their employer as may executive officers who are granted exclusion.
Three Basic Eligibility Requirements
Under Pennsylvania law, there are three basic requirements that make you eligible for workers’ comp. Your illness or injury must have been work-related and you must be an employee of the company or individual where the injury took place or the illness was caused. In addition, your company must carry workers’ comp or be legally required to do so. If you meet these three criteria, you are eligible for workers’ comp in the state of Pennsylvania.
If you or a loved one has suffered a work-related injury, contact Lundy Law today to learn what rights you may have. Hiring an attorney does not mean you plan to sue your employer. In Pennsylvania, lawsuits for work-related injuries are not permitted in most cases. However, it is not unusual for compensation to be calculated incorrectly or for an employer to deny a claim erroneously. An attorney will fight for your rights in order to get you the compensation you are entitled to under the law. Arrange for an initial consultation by calling 1-800-Lundy Law or completing the easy form on our website.
