What Jobs are Exempt From Workplace Compensation?

Rachel Olszewski

On average, 2.8 out of every 100 workers in the United States are injured in the workplace every year and this average has stayed within the same margin of error since 2017. To put it into perspective, this means that there are nearly 4.5 million injuries every year when the U.S. workforce is around 158.6 million. That’s a significant number of people getting hurt on the job who can try to receive workers’ compensation.

However, in Pennsylvania, certain jobs are not covered by workers’ compensation, which means they can’t receive a payout. If you’re exempt from workplace compensation, you may have to file a lawsuit against your employer to get the compensation you need to survive. If you’re not sure if you have a workplace compensation exemption, the personal injury attorneys at Scartelli Olszewski, P.C. can help.

What Types of Employment are Exempt From Workplace Compensation?

Under the Pennsylvania Workers’ Compensation Act, most employees in the state don’t have to worry as many employers must legally have some sort of workers’ compensation policy to care for their employees should they be hurt on the job.

However, there are positions and types of work where employers do not have to have workplace compensation policies. This doesn’t mean that they don’t or won’t cover your injuries, but that there is no government oversight forcing them to. This includes:

• Domestic servants
• Agricultural workers who work fewer than 30 days
• Agricultural workers who earn less than $1200 in a calendar year
• Employees who request an exemption
• Positions covered by other workers’ compensation acts

What are All the Workplace Compensation Acts?

There are multiple types of workers who are not covered under the Pennsylvania Workers’ Compensation Act because there is another equivalent act that should cover them. These acts are necessary for people who are employed in other states but live in Pennsylvania, have a position that requires movement between states, or involves employment from a government entity. These acts include:

• Federal Employers Liability Act: This act covers railroad employees when they’re injured, sickened, or killed while on the job. The FELA doesn’t work the same as workers’ compensation in that employees are empowered to sue their employer, rather than to apply for damages.
• The Longshore and Harbor Workers’ Compensation Act: This act provides compensation, medical care, and vocational rehabilitation to employees who are disabled from an injury they sustained while in navigable U.S. waters.
• Federal Employees Compensation Act: This act provides financial coverage for federal civilian employees who are injured on the job. The monetary benefits cover lost wages, permanent impairment, medical treatment, vocational rehabilitation, and job placement assistance.

What Do You Do if You Are Exempt?

If you are unsure if you or a loved one are exempt from Pennsylvania’s Workplace Compensation Act, contact the attorneys at Scartelli Olszewski, P.C. Our experienced attorneys can consult with you about your situation and figure out which, if any workers’ compensation acts apply to you. Afterward, we can discuss your options for attaining payment for the injuries you or a loved one sustained.

If you have already submitted an application for workers’ compensation and it was rejected, you may have applied for the wrong workers’ compensation, or you were wrongly denied. In either case, you need the help of an experienced personal injury attorney to help you get the damages you deserve. The attorneys at Scartelli Olszewski, P.C. are here to help you. Contact us today.