Workers’ comp and independent contractors: Who is covered?

As a Pennsylvania worker, you might wonder if you have workers’ compensation insurance or are responsible for handling workplace injuries on your own. Fortunately, most workers have this protection thanks to the Pennsylvania Workers’ Compensation Act.

Given the potential hazards in manufacturing and other industries, it’s natural to have these concerns. Here’s a simple breakdown to better understand who has workers’ comp coverage.

Most workers are covered, but not independent contractors

In Pennsylvania, nearly all employees are eligible for workers’ compensation benefits after a work-related injury. If the injury occurs in the course of employment, meaning it happened while performing job duties, they can use the system to receive compensation for medical expenses and lost wages.

Specifically, those who typically have workers’ comp coverage include:

  • Regular employees (full-time and part-time)
  • Seasonal and temporary workers
  • Most agricultural workers
  • Domestic workers (if they work a certain number of hours)
  • Even some volunteers in specific situations

Those who don’t have this coverage for work injuries are independent contractors.

Who are independent contractors?

What exactly makes someone an independent contractor? Below are some key factors: 

  • They control how they perform their work
  • They use their own tools and equipment
  • They’re paid per job rather than hourly or salary
  • They’re free to work for multiple clients
  • They’re responsible for their own taxes and benefits

It’s important to note that just because an employer calls you an independent contractor doesn’t necessarily mean you are one in the eyes of the law. Many workers may be a victim of misclassification.

If you’re unsure about your status or coverage, consider consulting with an attorney experienced in workers’ compensation. They can help you understand your rights and ensure you get the protection you deserve.