Navigating Workers’ Compensation for Landscapers and Gardeners
Landscapers and gardeners may be eligible for workers’ compensation benefits if they are injured while performing their job duties. Common workplace injuries in these professions can include falls, equipment-related accidents, vehicle crashes between job sites, and other injuries that occur while working or furthering an employer’s business.
Landscapers and gardeners perform physically demanding work every day.
Whether maintaining residential properties, commercial landscaping projects, golf courses, parks, or rooftop gardens, these workers face numerous injury risks while performing their jobs.
Common hazards include:
- Operating lawn mowers and power equipment
- Working on ladders
- Repetitive lifting and bending
- Exposure to extreme heat
- Uneven terrain and hidden obstacles
- Driving between job sites
- Tree trimming and pruning activities
When an injury occurs on the job, Pennsylvania workers’ compensation benefits may be available.
Common Landscaping and Gardening Injuries
Landscapers and gardeners can suffer a wide range of workplace injuries, including:
- Back injuries
- Neck injuries
- Shoulder injuries
- Knee injuries
- Torn ligaments
- Sprains and strains
- Slip and fall accidents
- Ladder falls
- Heat exhaustion and heat stroke
- Cuts and lacerations from equipment
- Crush injuries
- Eye injuries
- Repetitive stress injuries
- Motor vehicle accident injuries
Even injuries that develop gradually over time due to repetitive physical labor may qualify for workers’ compensation benefits.
Course and Scope of Employment for Landscapers
To receive workers’ compensation benefits, the injury must occur within the course and scope of employment.
In simple terms, the injury must be connected to your job duties.
For example, a landscaper who is injured while working in their own yard on personal time would generally not qualify for workers’ compensation benefits simply because landscaping is their profession.
However, many landscaping injuries occur away from a traditional job site and may still be covered.
Examples may include:
- Driving between landscaping jobs
- Picking up supplies for an employer
- Transporting equipment
- Visiting a customer property
- Running work-related errands
Just because an injury happens away from a lawn, garden, or landscaping project does not automatically mean it is excluded from workers’ compensation coverage.
Workers’ Compensation and Motor Vehicle Accidents
Many landscaping companies require employees to travel throughout the day.
If a landscaper is injured in a motor vehicle accident while performing work duties, workers’ compensation benefits may still apply.
Examples include:
- Driving between customer properties
- Traveling to pick up landscaping materials
- Delivering equipment
- Running errands for a supervisor
Work-related vehicle accidents are often compensable under Pennsylvania workers’ compensation law.
Contractor and Subcontractor Issues in Landscaping Injury Claims
One issue that frequently arises in landscaping and construction-related work is determining who is responsible for the workers’ compensation claim.
Many landscaping projects involve:
- Property owners
- General contractors
- Landscaping companies
- Subcontractors
In some cases, disputes arise regarding who the injured worker’s actual employer is.
Even if a subcontractor lacks workers’ compensation insurance, an injured worker may still have options for obtaining benefits through another responsible party.
These cases can become complex and often require experienced legal representation.
Reporting a Landscaping Injury Is Critical
Pennsylvania workers’ compensation law requires injured workers to notify their employer of a workplace injury.
Reporting the injury promptly is one of the most important steps you can take after an accident.
Waiting too long to report an injury can create problems, including:
- Claim denials
- Disputes about when the injury occurred
- Challenges to your credibility
- Delays in receiving benefits
In Pennsylvania, injured workers generally have up to 120 days to provide notice of a work injury. However, reporting the injury immediately is always recommended.
What Happens After a Work Injury?
Once an employer receives notice of a work injury, the workers’ compensation insurance company must investigate the claim.
The insurance company will typically:
- Accept the claim
- Deny the claim
- Temporarily investigate the claim while benefits are paid
If the claim is accepted, workers may receive:
- Medical benefits
- Wage-loss benefits
- Specific loss benefits when applicable
If the claim is denied, the injured worker may still be entitled to benefits by filing a Claim Petition and pursuing the case before a Workers’ Compensation Judge.
Benefits Available to Injured Landscapers and Gardeners
Depending on the circumstances, Pennsylvania workers’ compensation benefits may include:
- Payment of medical bills
- Wage-loss benefits
- Partial disability benefits
- Specific loss benefits
- Scarring and disfigurement benefits
- Death benefits for surviving family members
Every case is different, and the benefits available will depend on the nature and severity of the injury.
Talk to a Pennsylvania Workers’ Compensation Lawyer
If you are a landscaper, gardener, groundskeeper, lawn care worker, or other outdoor laborer who was injured on the job, Stern & Cohen can help.
Our Pennsylvania workers’ compensation attorneys help injured workers secure medical treatment, wage-loss benefits, and the compensation they deserve after a workplace injury.
Contact Stern & Cohen today for a free consultation.
FAQs
Can landscapers and gardener get workers' compensation in Pennsylvania?
Yes. Landscapers and gardeners who are injured while performing job-related duties may be entitled to workers’ compensation benefits, including medical treatment and wage-loss benefits.
Does workers' compensation cover lawn mower injuries?
Yes. Injuries caused by lawn mowers, trimmers, chainsaws, leaf blowers, and other landscaping equipment may be covered if they occur during work activities.
Are heat exhaustion and heat stroke covered by workers' compensation?
Yes. Heat-related illnesses may qualify for workers’ compensation benefits when they occur because of workplace conditions and outdoor job duties.
Does workers' compensation cover car accidents between landscaping jobs?
Often, yes. Landscapers injured while driving between customer locations or performing work-related travel may be covered under Pennsylvania workers’ compensation law.
What if my landscaping employer says I am an independent contractor?
Worker classification disputes are common in the landscaping industry. Even if an employer labels a worker as an independent contractor, they may still qualify for workers’ compensation benefits depending on the facts of the case.