What if My Employer Does Not Have Workers' Compensation Insurance?
In Pennsylvania, virtually all employers are required to carry no-fault workers’ comp coverage for virtually all of their employees. If you are hurt while on the job, your workers’ compensation benefits will help to cover your losses. This raises an important question: What if my employer failed to get workers’ comp coverage in Pennsylvania? The good news is that you still have options available. You can bring a claim through the Commonwealth’s uninsured employer fund. Within this article, our Chambersburg workers’ comp lawyer explains the key things to know if your employer does not have workers’ comp insurance coverage in Pennsylvania.
Most Employers in Pennsylvania are Required to Have No-Fault Workers’ Comp Coverage
Your employer should almost certainly have workers’ comp coverage. Indeed, under Pennsylvania law, virtually all employers are legally obligated to provide workers’ compensation insurance for their employees. To be clear, the legal requirement applies to both full-time and part-time workers. The state’s no-fault workers’ compensation system is designed to ensure that employees injured on the job can access medical care and wage loss benefits without needing to prove employer negligence. This coverage is not optional. Employers who fail to comply are violating the law.
You Can File a Claim Against the Uninsured Employer Fund If Your Company is Not Insured
In Pennsylvania, the Uninsured Employers Guaranty Fund (UEGF) exists to protect workers whose employers unlawfully operate without workers’ compensation insurance. If you are injured at work and discover that your employer lacks coverage, you can file a claim with the UEGF to seek benefits. If you bring a successful claim through the UEGF, you will be entitled to recover compensation for all of the benefits that would have been available if your employer had the proper coverage.
With that being said, the process for an uninsured employer claim can be more complex than a standard workers’ compensation claim. You will need to prove that your employer did not have valid insurance at the time of your injury and provide evidence supporting your claim. How do you start the claims process if your employer lacks proper workers’ comp coverage? You will need to complete and submit a form called Notice of Claim Against Uninsured Employer. An experienced Pennsylvania workers’ compensation lawyer can help.
The State Will Pursue Reimbursement Against Uninsured Employers (Other Sanctions Too)
When an employer is found to be operating without workers’ compensation insurance, the state takes enforcement action. Pennsylvania aggressively pursues reimbursement from uninsured employers for any claims paid out through the UEGF. Beyond financial penalties, employers may face additional sanctions, including substantial fines and even criminal charges in severe cases.
Contact Our Pennsylvania Workers’ Compensation Attorney Today
At DiLoreto, Cosentino & Bolinger P.C., our Chambersburg workers’ comp lawyers are skilled, experienced advocates for injured victims. If you have any questions about your options if your employer lacks the proper coverage, we can help. Contact us today to arrange your free, no-obligation initial legal consultation. With offices in Gettysburg and Chambersburg, we represent injured workers throughout the surrounding region in Central Pennsylvania.