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Trending: Employers Without Workers Compensation Insurance


By: Michael E. Fiffik, Esquire

We’re seeing a rash of employers without workers compensation insurance. Of course, these come to our attention because one of their employees suffered a work injury. Dealing with the cost and expense of a workplace injury can be devastating to both the employer and employee. If you are a new or start up business, or are expanding your current business operation to include employees, it is important to know that by state law you will be required to have workers’ compensation insurance coverage. Coverage ensures medical and wage-loss benefits to employees who are injured during the course of their job. Employers who so provide coverage are protected against lawsuits filed by injured workers.

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.

UNLESS all employees are excluded from the provisions of Pennsylvania’s workers’ compensation laws.

Section 305 of the Pennsylvania Workers’ Compensation Act specifies that an employer’s failure to insure its workers’ compensation liability is a criminal offense for the business owner personally and classifies each day’s violation as a separate offense, either a third-degree misdemeanor or, if intentional, a third-degree felony.

Last year alone, employers convicted of non-compliance with the insurance requirement were sentenced to an average of four years’ probation and paid an average restitution to the State of $88,000. Employers are required by law to post, in a prominent and easily accessible place, at its primary place of business and at its sites of employment, a notice containing the name, address and telephone number of the appropriate party to address regarding workers’ compensation claims or to request information.

Welch, Gold, Siegel & Fiffik, P.C. has attorneys with many years’ experience assisting employers with employer-related matters, including defense of workers compensation claims. Please contact Michael E. Fiffik, Esquire (, Deirdre Burke Moser, Esquire ( or Matt Bole, Esquire ( via email or call 412.391.1014 to discuss your situation.


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