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Which Employees Are Covered by Workers’ Compensation?

When you have been injured on the job, you expect workers’ compensation will help get you through the time you miss at work, giving you continued medical insurance and covering some of your lost compensation. But are you sure you qualify for workers’ comp? A small number of people do not, even though they work 40 hours a week.

If you find yourself in a situation where you need to rely on workers’ compensation, it is vital to know you will be covered. Here is a look at who does and does not qualify for workers’ comp.

Workers’ Compensation Coverage Guidelines: Who Qualifies?

The only people who can file workers’ compensation claims are those covered by these insurance policies. In exchange for coverage, the employees promise not to sue for negligence. Claims may be filed for injuries that happened on the job or were in some way caused by work.

You should know whether or not you are covered by workers’ comp. Pennsylvania, like most states, has a mandatory workers’ compensation law covering all but the smallest companies and nonprofits.

To qualify for workers’ compensation, you must be considered an employee. You may work for a company and not be considered an employee. Some examples of this situation include:

  • Freelancers
  • Contractors
  • Volunteers

However, even if your company calls you a contractor and you get a 1099, you may still qualify as an employee. If you do not control certain aspects of your employment — say you cannot set your own hours, you cannot turn down certain employer requests, and you do not own the equipment you use — you may qualify for workers’ comp as an employee. If you have no other clients and do not otherwise advertise your services, you may also be considered an employee legally.

Other Exceptions to Workers’ Comp Claims

According to state law, there are certain jobs that also may not qualify for workers’ comp, including:

  • Seasonal workers
  • Part-time domestic workers
  • Farm workers
  • Taxi drivers
  • Ministers

With all these exceptions and rules, it may be helpful to consult with a lawyer to determine whether you should be covered by workers’ compensation. KBG Injury Law can help you determine whether you deserve these benefits and how to go about getting them. Contact us today to set up a consultation.