Pennsylvania Workers' Compensation Insurance

Sole proprietors and general partners are automatically excluded from the coverage requirement on themselves. Executive officers can request exclusion if they meet ownership tests: unpaid, voluntary officers of a nonprofit; S-corp officers with an ownership interest as defined under the state's Tax Reform Code; or C-corp officers who hold at least a 5% ownership interest. An eligible officer requests exclusion by filing Form LIBC-509 with the required declaration (LIBC-513); until that's on file, the officer is treated as covered. LLC members generally fall under the same 'any employer with employees' standard, so it's worth confirming their status directly with an agent or the Bureau.

Failing to carry required coverage can bring fines up to $2,500 and up to one year in prison for each day the employer goes without coverage, with each day treated as a separate offense; violations are generally prosecuted as a misdemeanor but can be charged as a felony where the failure is intentional. An uninsured employer also loses the liability protections the Workers' Compensation Act normally provides, exposing it to a direct personal injury lawsuit from an injured worker.

Pennsylvania is a competitive market state rated by its own independent bureau, the Pennsylvania Compensation Rating Bureau (PCRB), rather than NCCI, and our agency can compare coverage across the many private carriers that write business here. The State Workers' Insurance Fund (SWIF) is Pennsylvania's competitive state fund, open to any employer and also serving as a resource for harder-to-place risks. Because coverage is required from the very first employee with no size exemption, even a brand-new small business needs a policy lined up before its first hire's start date.