Pennsylvania Workers' Compensation Compliance

State of Pennsylvania, Jun 03, 2008

Workers' Compensation Compliance - The requirement to insure workers’ compensation liability is mandatory for any employer who: employs at least one employee who could be injured or develop a work-related disease in this state, or could be injured outside the state if the employment is principally localized in Pennsylvania, or could be injured outside the state, while under a contract of hire made in Pennsylvania, if the employment is not principally localized in any state, if the employment is principally localized in a state whose workers’ compensation laws do not apply, or the employment is outside the United States and Canada. 

In Pennsylvania Workers' Compensation Compliance,  an employer may be excluded from the requirement to insure its workers’ compensation liability only if ALL workers employed by it fall into one or more of the following categories:

  • Federal workers
  • Longshoremen
  • Railroad workers
  • Casual workers whose employment is casual in character AND not in the regular course of the business of the employer
  • Persons who work out of their own homes or other premises not under the control or management of the enterprise AND make up, clean, wash, alter, ornament, finish, repair, or adapt articles or materials for sale that are given to them
  • Agricultural laborers earning under $1200 per person per calendar year AND no one agricultural laborer works 30 days or more per calendar year, unless the agricultural labor is provided by the employer’s spouse or child(ren) under the age of eighteen and they have not sought inclusion under Pennsylvania’s workers’ compensation laws by filing an express written contract of hire with the Department
  • Domestic workers who have not elected with the Department of Labor and Industry to come under the provisions of the Workers’ Compensation Act
  • Sole proprietor or general partners
  • Have been granted exemption due to their religious beliefs by the Department of Labor and Industry
  • Executive officers who have been granted exclusion by the Department of Labor and Industry
  • Licensed real estate salespersons or associate real estate brokers affiliated with a licensed real estate broker or a licensed insurance agent affiliated with a licensed insurance agency, under a written agreement, remunerated on a commission-only basis and qualifying as independent contractors for State tax purposes or for Federal tax purposes under the Internal Revenue Code of 1986.

Related Links

LA-WS4:0.7.13.100721.9461