What if Your Employer Does Not Have Workers' Compensation Insurance?
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Workers’ compensation insurance is no-fault coverage, and in Pennsylvania, virtually all employers are required to provide workers’ comp for almost all their employees. You can claim the Commonwealth’s Uninsured Employers Guaranty Fund (UEGF). Our workers’ comp lawyers serve all of Delaware County, including Darby, Springfield, Aston, and Ridley Park. We can explain the key points about uninsured employers in Pennsylvania and help protect your rights.
Step #1: Make Sure that Your Employer is Supposed to Have Workers’ Comp Coverage
First and foremost, you should confirm that your employer is supposed to have workers’ comp insurance coverage for you. In Pennsylvania, most employers are legally required to carry no-fault workers’ compensation insurance for virtually all employees. Indeed, part-time and seasonal workers are covered by workers’ comp laws.
However, limited exceptions exist, such as sole proprietors without employees and certain agricultural workers. Further, if you are correctly classified as an independent contractor, you are not covered by workers’ comp in Pennsylvania.
Step #2: Consult With an Attorney and Document Your Accident and Injuries
Workers’ comp claims can be complicated, especially for those who find out their employer is uninsured. If you find out your employer does not have workers’ compensation insurance, consult an experienced Delaware County work injury attorney as soon as possible. A proactive approach to these cases is crucial. Your lawyer can help you document the details of your workplace accident, including the date, time, location, and how the injury occurred.
Key Point: You are not without options if your employer is uninsured. You have the right to pursue compensation for your workplace injuries. A Delaware County workers’ comp lawyer with experience handling uninsured employer cases can help you navigate the legal process.
Step #3: File for Benefits Through the Uninsured Employers Guaranty Fund (UEGF)
The Uninsured Employers Guaranty Fund (UEGF) is a special fund established by the Pennsylvania Bureau of Workers’ Compensation to benefit employees who suffer work-related injuries but discover that their employer failed to carry the required workers’ compensation insurance. Put another way, it is a safety net for workers like you. If you were hurt at work and your employer is uninsured, you can file for benefits through UEGF. Notify the UEGF within 45 days after you are advised that your employer is uninsured. The claim petition is separate: it cannot be filed until at least 21 days after notice to the fund and must be filed within 180 days after that notice. Obtain prompt advice about the notice, petition and other requirements for your claim.
Speak to Our Dedicated Workers’ Comp Attorneys Today
Our lawyers at Schmidt, Kirifides, Rassias & Rio have the professional skills and proven expertise to handle uninsured employer claims. If you have any questions or concerns about an uninsured employer’s workers’ compensation claim, please do not hesitate to contact us today for a free case review. We represent injured workers throughout Delaware County.