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It's important for all Pennsylvania employer to know the basic rules and laws associated with workers compensation in Pennsylvania. Generally, all business owners in Pennsylvania who have one or more employee are required to purchase workers compensation insurance. This rule includes part-time employees and family members.
Their are several ways that a business can obtain workers' comp coverage in Pennsylvania. The most common method is to purchase private insurance from an independent insurance agency such as Workers Compensation Shop.com. Larger, more financially stable companies may also self-insure their coverage in compliance with the Bureau's Self-Insurance Division. Finally, employers who are unable to find coverage from a private insurance carry may obtain coverage from the State Workers' Insurance Fund (SWIF). Employers may pay higher rates when buying coverage from SWIF.
The PA State Workers Insurance Fund (SWIF) is the official State Fund for Pennsylvania. While insurance rates may be higher for coverage under SWIF, employers who are unable to get workers' comp quotes from private insurance carriers will be able to purchase a policy from SWIF.
State Workers' Insurance Fund 100 Lackawanna AvenuePO Box 5100Scranton, PA 18505-5100570-963-4635
The PA Bureau of Workers Compensation actively pursues uninsured employers in the state. If workers compensation insurance is not continuously maintained the Bureau may file charges that result in fines up to $2,500 and up to one year in jail for each day of violation.
If an employee is injured while no coverage is in effect, the employer will be held liable for all costs associated with the claim including medical costs, lost wages, penalties, interest, and fees. Employees may also file suit against the employer for damages in excess to the amounts covered under a workers compensation policy.
Any individual or competitor may seek district attorney approval to file a private criminal complaint against any employer who fails to maintain workers' comp coverage when they are legally required to have coverage.
All classification codes in PA are determined by the PA Compensation Rating Bureau. This is not a government agency, but it is licensed and regulated by the Pennsylvania Insurance Department. Each employers' premium is based on its classification code, However, insurance carriers only have to file their rates with the state and, therefore, rates will vary tremendously by insurance company.
Employers are required to report all injuries in PA to the insurance company immediately. When an injury causes an employee to miss a day of work, the employer (or insurance carrier) must also submit First Report of Injury electronically with the state within 7 days of the injury. Death claims must be filed within 48 hours..
Employers have a right to their claims information since it directly affects their experience ratting in Pennsylvania. Requests must be made in writing and either mailed or faxed to the PA Bureau of Workers' Compensation:
Records Section, Claims Management DivisionBureau of Workers’ Compensation1171 S. Cameron St., Room 109Harrisburg, PA 17104-2501Fax: 717-783-6365 or 717-783-6366
Consistent with “prudent insurance practices,” PA “encourages” carriers to consider the following: 1) relax premium payment due dates; 2) extend grace periods; 3) waive late fees; 4) allow payment plans to avoid lapse in coverage; and 5) to consider cancellation or non-renewal only after exhausting all other efforts.
Discretionary state order in effect from 03/30/2020 until the end of the state emergency.
No current state orders.
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PA Exclusive Remedy
Pennsylvania law utilizes the Exclusive Remedy doctrine to govern workers compensation. This means that business owners who have workers compensation coverage in place are generally protected from most other suits by injured employees unless there is valid proof of willful negligence.
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Employers liability insurance is an additional layer of coverage included as part of a workers' compensation insurance policy. Employers Liability is known as Part 2 of the policy. It adds two additional coverages for employers:
Employers Legal Liability and Legal Defense Costs
In today's world, there are a variety of reasons employees and third-parties sue employers for damages. Here a some common types covered by employers liability insurance:
Third Party Lawsuits
Your employee sues another party that may have contributed to the injury, In turn, the third party sues your business.
Consequential Bodily Injury
Another party or individual is injured while providing care for the injured employee.
Dual Capacity Legal Action
An employee files a claim but also attempts to sue the employer for being responsible in other ways outside of the employment relationship.
Loss of Consortium
A spouse sues for damages caused by the loss of companionship or relations.
Employers Liability coverage is not included with coverage in the four monopolistic states. Employers in these states can endorse this coverage onto their General Liability policy. That coverage is commonly known as Stop Gap Coverage.
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