Am I Eligible for Workers’ Compensation Benefits?
If you are injured on the job, you may be asking “Am I eligible for workers’ compensation benefits?” Under workers’ compensation, according to Pennsylvania workers’ compensation attorneys at Lundy Law, a job injury entitles you to benefits including lost wages, medical bills and other expenses.
In Pennsylvania, every employer is required to provide workers’ compensation benefits for their employees, so the immediate answer to the question “am I eligible for workers’ compensation benefits” is yes. However, there are some factors that must be met in order for you to be eligible. These include:
- The employer must be required to carry workers’ compensation
- You must be an employee of the company
- Your injury or illness must be related to your place of employment
There are occupations where an employer may be exempt from providing workers’ compensation, such as domestic employees, farm or agricultural workers, casual and seasonal staff, undocumented immigrants as well as workers who are leased or loaned from other companies.
Requirements for Workers’ Compensation Coverage
In Pennsylvania, employers with one or more employees are required to provide workers’ compensation. The law states that any employer who has one or more employees who could be injured or suffer a work-related illness, as well as those who could be injured outside the state, even if the other state does not require the company to provide coverage, must be offered workers’ compensation benefits. Only employers in which all employees fall into one or more of the following categories are exempt:
- Federal employees
- Railroad workers
- Casual workers not working in the regular course of business of the employer
- Home-based businesses who make up, clean, wash, alter, ornament, finish, repair or adapt articles or materials for sale
- Agricultural employees earning less than $1,200 per person AND who do not work more than 30 days per year
- Domestic workers
- Sole proprietor or general partners
- Companies who have been granted exceptions based on religious beliefs
- Executive officers granted exclusion
- Licensed real estate salespersons working on a commission-only basis who qualify as independent contractors
Not all people who work for a company are considered employees. Contracted workers, such as freelance writers or computer consultants, may not be employees of a company. However, companies often misclassify employees as consultants or contracted employees when they actually meet the criteria of an employee under IRS rules. If a company has denied workers’ compensation because you are a contracted employee, contact Pennsylvania workers’ compensation attorneys to have them review your case.
If you or a loved one has been injured on the job and are wondering “am I eligible for workers’ compensation,” contact Lundy Law today to learn what rights you may have. You can arrange for an initial consultation by calling 1-800-Lundy Law or by completing the easy form on our website.