Don’t lose your workers’ compensation benefits! Our legislature created the workers’ compensation system to benefit workers injured in the workplace. If you have applied for workers’ compensation benefits and have any questions about your claim and any action that may affect the success of your application for benefits, contact Powell, Zero, Mundy today to consult with an experienced Pennsylvania workers’ compensation attorney.

Most Pennsylvania workers expect that if they are injured while working or performing their job, they will be covered by workers’ compensation. Assuming they are correctly classified as an employee, this expectation is correct. Almost every Pennsylvania worker is covered by the Pennsylvania Workers’ Compensation Act (the “Act”). In most cases, the only circumstance where a worker may not be covered is if self-employed or if an employer unlawfully fails to obtain workers’ compensation coverage.

Employers must provide workers’ compensation coverage for all employees, even those who work on a seasonal and part-time basis. Of course, like many laws, rules, and regulations, there are several exceptions to this rule, some of which account for special circumstances. For example, federal civilian employees, railroad workers, longshoremen, shipyard workers and harbor workers are covered for work-related injuries under different federal legislation.

Members of volunteer organizations, such as fire departments, are treated as employees even if they do not receive compensation for their services. However, some workers that perform services on a volunteer basis, may not be covered under the Pennsylvania Workers’ Compensation Act. Also, agricultural laborers, casual employees, domestic workers and employees granted a personal religious exemption from the Act may not be covered.

Many disputes about coverage arise when the business enterprise treats someone performing services on its behalf as an independent contractor. This circumstance and situation requires the analysis of a long list of factors to determine the true nature of the worker and whether he or she is an employee or an independent contractor. An experienced workers’ compensation attorney can assist anyone in this situation who believes that they have been wrongly classified as an independent contractor.