Is Workers’ Compensation Mandatory in Pennsylvania?

If you’ve been injured at work in Pennsylvania, you may be asking two important questions: Does my employer have to carry workers’ compensation insurance? And if so, am I required to file a claim?

Workers’ compensation is designed to protect both employees and employers, but the system is often misunderstood. Below, we explain what the law requires of employers, what choices employees have, and what risks workers face if they choose not to file a claim.

Is Workers’ Compensation Insurance Mandatory for Employers?

Yes. Pennsylvania law requires nearly all employers to carry workers’ compensation insurance—even if they have just one employee. This system ensures that injured workers can access medical treatment and wage-loss benefits, while employers are shielded from most civil lawsuits.

This obligation applies to both full-time and part-time employees. Whether you work in an office, a factory, or on a construction site, your employer should have coverage. If not, they risk significant penalties. From the moment you are hired, you should be protected under your employer’s workers’ compensation policy.

Employer Exemptions: Limited Exceptions

While most employers are required to carry workers’ compensation insurance, a few limited exemptions exist:

• Federal employees are covered under federal workers’ compensation programs.
• Railroad, longshore, and harbor workers fall under separate federal systems.
• Domestic service workers, such as housekeepers or nannies, may be exempt.
• Certain agricultural workers may be exempt depending on hours worked and employer size.
• Sole proprietors and business partners without employees are not required to insure themselves.

Do Employees Have to File a Workers’ Compensation Claim?

Employers are required to provide coverage, but employees are not legally required to file a workers’ compensation claim after an injury.

Some workers avoid filing because they fear retaliation, believe the injury is too minor, or prefer to rely on sick days or personal health insurance. However, choosing not to file can put your health and financial security at serious risk.

The Risks of Not Filing a Claim

If you choose not to file a workers’ compensation claim, here’s what you may face:

1. Unpaid Medical Bills – Personal health insurance may deny coverage for work-related injuries. Even if it pays, you could be stuck with deductibles and co-pays. By contrast, workers’ compensation should cover all reasonable and necessary treatment with no out-of-pocket expense.
2. No Wage-Loss Benefits – If you miss more than seven days of work, workers’ compensation provides wage-loss benefits. Without filing, you lose this safety net.
3. Loss of Rights – Pennsylvania law sets strict deadlines. You must notify your employer within 120 days of your injury, and you typically have three years to file a claim. Waiting too long—or never filing—can permanently bar you from benefits.
4. Limited Legal Recourse – Workers’ compensation laws protect employers from most lawsuits. If you don’t file a claim, you may have no ability to sue for damages later.

The attorneys at Stern & Cohen are dedicated to protecting your rights and guiding you through the process if your claim is delayed, denied, or disputed.

Common Myths About Filing a Claim

Misunderstandings often prevent injured workers from filing claims. Here are some common myths:

• “I’ll get fired if I file.” Wrong. Retaliation is illegal in Pennsylvania. Your employer cannot lawfully fire, demote, or punish you for asserting your rights.
• “Workers’ comp is only for serious injuries.” Not true. Coverage applies to everything from catastrophic accidents to repetitive stress injuries. Even minor strains can worsen over time.
• “I’ll just use my vacation or sick days.” This may work in the short term, but it won’t help if you’re out for weeks or months. Workers’ compensation provides ongoing wage replacement.

Why Filing Protects You

Filing a workers’ compensation claim is not about causing trouble for your employer—it’s about protecting your health and financial future. Even if your injury seems minor, filing preserves your rights in case your condition worsens.

If your employer does not have coverage, or if the insurance company denies your claim, you still have legal options. Pennsylvania’s Uninsured Employers Guaranty Fund (UEGF) provides benefits when an employer illegally fails to carry insurance.

In Pennsylvania, workers’ compensation insurance is mandatory for employers, but filing a claim is optional for employees. Choosing not to file, however, can leave you vulnerable to unpaid medical bills, lost wages, and lost rights.

If you’ve been injured on the job, the safest choice is to file a claim and protect your future. And if your claim has been denied, delayed, or mishandled, call Stern & Cohen today—we will fight for the benefits you deserve.