Pennsylvania Notice of Claim Against Uninsured Employer

State:
Pennsylvania
Control #:
PA-SKU-4637
Format:
PDF
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Description

Notice of Claim Against Uninsured Employer

The Pennsylvania Notice of Claim Against Uninsured Employer is a document used by an injured employee in the state of Pennsylvania to file a claim for workers’ compensation benefits when their employer is not insured. It must be filed with the Pennsylvania Department of Labor and Industry within six months of the injury. The Notice of Claim is a legally required document and must include information such as the employee’s name, address, phone number, date of injury, description of injury, and a description of the employment relationship. The Notice of Claim must also include a statement that the employer is not insured for workers’ compensation, and the employee is seeking benefits from the Uninsured Employers Guaranty Fund. There are two types of Pennsylvania Notice of Claim Against Uninsured Employer: the Notice of Claim for Uninsured Employer and the Notice of Claim for Uninsured Employer’s Insurance Carrier. The Notice of Claim for Uninsured Employer is used by the employee to file a claim against their employer’s Uninsured Employers Guaranty Fund. The Notice of Claim for Uninsured Employer’s Insurance Carrier is used by the employee to file a claim against an insurance company that is providing coverage for the uninsured employer.

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FAQ

Sole proprietors with no employees are not required to carry workers' compensation insurance. However, detailed information must be provided to your insurer to prove that the individual is a true independent contractor.

Sole proprietors. Employees not working within the regular course of the employer's business. Agricultural workers hired to do less than 30 days of work and who earn less than $1,200/year from one employer. Employees who request an exemption based on religious beliefs or executive status in certain corporations.

Criminal Consequences Failing to carry workers' comp insurance is a criminal offense; a non-compliant employer in Pennsylvania can face fines up to $2500 and/or one year in prison for each day that the employer does not have coverage for employees.

Sole proprietors. Employees not working within the regular course of the employer's business. Agricultural workers hired to do less than 30 days of work and who earn less than $1,200/year from one employer. Employees who request an exemption based on religious beliefs or executive status in certain corporations.

In Pennsylvania, the statute of limitations for workers' compensation claims is three years from the date of injury. If you have been injured at work and denied either medical benefits or wage loss benefits under the workers' compensation law, you must file a Claim Petition within three years of the date of injury.

Pennsylvania law requires all employees to be covered by workers' compensation, but independent contractors are not employees. There are laws specifying who can and cannot be considered an independent contractor, and many employees are misclassified as contractors.

In Pennsylvania, any business that employs one or more people is required by law to provide them with workers' compensation insurance. This provides no-fault coverage for any work-related injuries or illnesses that may occur, including medical treatment and a portion of the injured worker's lost wages.

Workers' compensation coverage is mandatory for most employers under Pennsylvania law. Employers who do not have workers' compensation coverage may be subject to lawsuits by employees and to criminal prosecution by the commonwealth. Some employers are exempted from workers' compensation coverage.

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Pennsylvania Notice of Claim Against Uninsured Employer