In some states, farmworkers and agricultural workers are carved out of coverage under their state’s Workers’ Compensation Act. In Pennsylvania, things are a bit more complicated.
Generally, anyone who works as an employee should be covered for Workers’ Comp, even for agricultural or farmwork. However, agricultural businesses are not required to cover workers they pay under $1,200 in a year or hire for under 30 days of work. This can still require coverage for full-time, part-time, or seasonal employees, unless the exception is met.
For help getting damages, call Cardamone Law’s Certified Pennsylvania Workers’ Compensation Lawyers at (267) 651-7945.
Can Agricultural Workers Get Workers’ Comp?
The Pennsylvania Workers’ Compensation Act requires employers across the Commonwealth to carry Workers’ Comp insurance for all qualifying workers. This is a general rule for all industries and has only a few carveouts, such as no coverage for federal workers or realtors.
Injured workers in most industries can qualify for Workers’ Comp benefits if they meet the following criteria:
- You are an employee
- Your injury was work-related
- Your injury is disabling for at least 7 days.
There are, however, specific circumstances that can prevent coverage for agricultural workers.
Special Agricultural Worker Rules
The Workers’ Comp Act used to explicitly exclude agricultural workers from coverage, but it has long since been amended to include agricultural and farmworkers. However, § 302(c) of the Workers’ Comp Act still creates special exceptions for certain agricultural workers.
Unless these requirements are met, agricultural workers still must be covered.
Reasoning
The law generally does not require Workers’ Comp coverage for casual employees. However, this standard is somewhat vague and hard to follow.
Since many agricultural workers are hired for only a few days or weeks during planting or harvest seasons, it can be especially hard to tell when a worker is a true employee and when they are only a casual employee.
So, to make things clearer, there is an explicit rule for when certain agricultural workers are not covered.
The Rule
Agricultural workers only need to be covered if they are employees who
- Work for the employer for at least 30 days in the year
- Get paid at least $1,200 in the year.
This is not intended to be grounds to hire agricultural workers for short contracts or low wages, but rather, it sets a hard line between actual employees and workers who have no real ongoing relationship with the company.
If these requirements are met, the worker gets full Workers’ Comp coverage like any other employee does.
Family
Many small farms are family-run, and Workers’ Comp for family members is also potentially not required.
The relevant rule says that spouses and minor children are assumed not to be covered employees unless there is an actual employment contract on file for them.
Effect of Agricultural Rules
These rules affect both the requirement for coverage and the ability of the worker to file a Workers’ Comp claim. If the employer is not required to carry insurance coverage for these employees, then they also cannot file a Workers’ Comp claim.
What Should Agricultural Workers Do After an Injury at Work?
If you are injured at work and want to file a Workers’ Comp claim, you need to take all of the required steps under the Workers’ Comp Act to file your case:
Report Your Injury
Injuries need to be reported to your employer within 21 days, though you can give notice up to 120 days from the date of injury.
Call a Lawyer
You should always work with a Pennsylvania Workers’ Comp lawyer when bringing your case. It can be hard to know your rights – and even harder to enforce them – without a lawyer.
File a Claim Petition
Once the employer denies your Workers’ Comp claim, you can file a Claim Petition with a Workers’ Comp Judge to have them hear your case.
Attend Medical Appointments
From the beginning, you should get any medical care you need to treat your injuries. On top of this, you will need to undergo certain exams and gather additional evidence and doctor’s reports as part of your case.
All medical treatment should be covered, and any exams your employer requires will be paid for. However, if we need to collect additional evidence, we may need to pay for these exams and recover the costs of evidence collection at the end of your case.
Attend Hearings
Workers’ Comp hearings might take multiple days, depending on what the Workers’ Comp Judge needs. If there are any hearings you need to attend or testify at, we can help you prepare.
FAQs for Injured Agricultural Workers in Pennsylvania
What Counts as “Agricultural” Work?
In most cases, agricultural workers will include farmhands and ranchers. However, some adjacent industries and jobs might also be included.
Keep in mind that the 30-day and $1,200 requirements also apply. If you meet those standards anyway, there is no need to determine whether your job is agricultural or not, because you would still be covered if it were.
Are Seasonal and Part-Time Workers Covered?
The Workers’ Comp Act does cover seasonal and part-time employees, and it has special rules for calculating average wages when pay is spread out for these workers.
Are Immigrants Covered?
Many agricultural workers are immigrants, but the Pennsylvania Workers’ Comp Act makes no distinctions based on immigration status or country of origin. All qualifying employees need to be covered.
What if I Haven’t Yet Met the 30-Day or $1,200-Pay Requirements Yet?
Workers’ Compensation allows employers to go without coverage for agricultural workers who work under 30 days or make under $1,200, but it also requires coverage from Day 1 of your employment. If you haven’t yet hit 30 days or $1,200, talk to your lawyer about eligibility.
Call Our Workers’ Comp Lawyers in Pennsylvania
If you were hurt in a work accident, call the Philadelphia Workers’ Comp lawyers at Cardamone Law today at (267) 651-7945.
