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Pennsylvania is revered as the birthplace of American democracy with iconic landmarks such as Independence Hall and the Liberty Bell. From the cobblestone streets of Philadelphia to the rolling hills of the Pocono Mountains and the lush farmlands of Lancaster County, the Keystone State offers a diverse landscape reflective of its character.
With industries like manufacturing, agriculture and mining, Pennsylvania is rich in business growth and innovation. When it comes to safeguarding your business and employees, finding the right workers’ compensation insurance is crucial.
Workers’ compensation is a state-mandated insurance program for employers with one or more employees. It’s designed to provide medical and financial protection for employees who suffer work-related injuries or illnesses.
Part and full-time workers, including family members, are considered employees under Pennsylvania workers’ compensation law.
Without workers’ compensation, the cost of an injured employee’s medical treatment could become the responsibility of your business.
The Bureau of Workers’ Compensation within the Department of Labor and Industry administers the Pennsylvania Workers’ Compensation Act. The law requires employers with one or more employees to be covered by an active workers’ compensation insurance policy.
Workers’ comp coverage can be obtained through a partner like EverPeak Insurance. The Bureau of Workers’ Compensation can approve self-insured requests based on financial requirements.
Employees can use Pennsylvania’s workers’ compensation verification tool to see if their employer has coverage.
Policies include protection for full and part-time employees.
Some exemptions from workers’ comp in Pennsylvania include:
Workers' compensation covers a range of work-related injuries and illnesses, including physical injuries resulting from an accident and occupational diseases developed over time due to job conditions.
Pennsylvania workers’ comp insurance provides four types of benefits for work injuries:
The weekly wage loss benefit is two-thirds of the employee’s average weekly wage, not to exceed or fall below a maximum and minimum amount set by the Department of Labor and Industry.
Find more information on Pennsylvania’s benefit rates.
In the event of a work-related injury or illness:
Employees in Pennsylvania should report their injury to their employer immediately but no later than 21 days from the accident.
The employee should immediately seek medical attention.
Once notified of the injury, employers should file a report within 48 hours for injuries resulting in death and seven days for injuries resulting in one missed day or shift from work.
If an employer’s insurance provider accepts the claim, the worker should begin receiving benefits to cover medical expenses and lost wages.
Following their recovery, a worker is expected to resume work safely. If a work injury has left an injured employee unable to do any type of work, the employee might be entitled to permanent disability benefits..
In Pennsylvania, injured workers can choose their healthcare provider unless their employer has provided a list of six or more physicians or healthcare providers. If the employer has provided a list, the injured worker must visit a provider on the list for initial treatment for 90 days following the first visit.
After 90 days, the injured worker may seek treatment with any physician or healthcare provider, and they must notify their employer of who they select.
If an employee is out of work:
If an employee or employer wishes to dispute a claim, they can use the Bureau of Workers’ Compensation’s alternative dispute resolution services. In alternative dispute resolution, the two parties talk informally with the help of a workers’ compensation judge to come to an agreed settlement. Alternative dispute resolution includes mediation, settlement conferences or informal conferences.
Employers in Pennsylvania with one or more employees must carry workers' compensation insurance or qualify for self-insurance. Compliance with this requirement is essential to protect both the employer and employees.
When selecting a workers' compensation insurance provider, consider factors such as the provider's experience in the industry, financial stability, coverage options, claims process, customer service, and cost.
We recommend requesting multiple quotes and comparing the offerings before making a decision.
Covering your business and employees with a trusted insurance partner — like EverPeak — brings peace of mind so you can focus on your bottom line.
Employers who don’t provide workers’ compensation coverage face civil and criminal penalties. Misdemeanor convictions can result in a $2,500 fine and up to one year in prison for each day the employer is in violation. Felony convictions can result in a $15,000 fine and up to seven years in prison.
In most cases, employees in Pennsylvania are barred from suing their employers for work-related injuries or illnesses. The workers' compensation system provides an exclusive remedy, meaning that employees typically cannot file a lawsuit against their employers. Instead, they must pursue a workers' compensation claim to receive benefits for their injuries or illnesses.
Generally, independent contractors aren’t covered by workers' compensation insurance in Pennsylvania. Workers' compensation laws typically apply to employees rather than independent contractors. However, it's important to note that the classification of a worker as an independent contractor or an employee can be complex, and misclassification can lead to legal disputes. If unsure whether an independent contractor should be treated as an employee, seek legal guidance.
Ideally, the incident should be reported immediately or within a few days of the occurrence. Prompt reporting helps ensure the necessary steps are taken to initiate the workers' compensation claims process.
Employees can use Pennsylvania’s workers’ compensation verification tool to see if their employer has coverage.