What If My Pennsylvania Employer Doesn’t Have Workers’ Compensation Insurance?

Pennsylvania law requires almost every employer to comply with the requirements of the Pennsylvania Workers’ Compensation Act. Some employees are covered by other workers’ compensation laws; these include federal employees, railroad workers, and longshoremen, among others. Some employers choose to self-insure for workers’ compensation coverage by applying for self-insured status.

Even though Pennsylvania’s workers’ compensation law covers almost all workers in the state, it does happen sometimes that a worker gets hurt and the employer doesn’t have workers’ compensation insurance and is not self-insured. You can still make a claim, though you may want to seek legal advice before filing a claim.

The Media, Pennsylvania, law firm of Barnard, Mezzanotte, Pinnie and Seelaus, LLP in Media, Pennsylvania, has represented plaintiffs in workers’ compensation claims since 1980. We have extensive experience with workplace injury cases, and we are also experienced litigators who have achieved numerous high-value sums in personal injury cases, including many six- and seven-figure verdicts and settlements.

Pennsylvania operates the Uninsured Employers Guaranty Fund to provide compensation to workers who are hurt on the job and whose employers do not carry some form of workers’ compensation insurance.

The first step in filing a claim when your employer is uninsured is to file Form LIBC-551, Notice of Claim Against Uninsured Employer. This form must be filed within 45 days of the date you learn that your employer is uninsured. Then, 21 days after you file Form LIBC-551, you may file the claim petition to receive compensation. This form is called Claim Petition for Benefits from the Uninsured Employer and Uninsured Employers Guaranty Fund, LIBC-550.

If the Uninsured Employers Guaranty Fund denies your workers’ compensation claim, you have the same rights of appeal that workers have whose employers do carry workers’ compensation insurance. More information about appeals can be found at the website of the Pennsylvania Workers’ Compensation Appeals Board. Appeals must be filed within 20 calendar days of the date printed on the front page of the judge’s decision denying workers’ comp benefits.

For answers to your questions about Pennsylvania workers’ compensation, including applying for benefits when your employer is uninsured, consider Barnard, Mezzanotte, Pinnie and Seelaus, LLP. To schedule a free initial consultation, call 610-565-4055 or contact our Pennsylvania workers’ compensation law firm online.

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