Harrisburg Agricultural Worker Injury Lawyer
Workers’ compensation for agricultural workers in Pennsylvania is a complicated subject. In Pennsylvania, the workers’ compensation system offers protection for some agricultural workers, but not all of them. Due to this, many agricultural workers believe that workers’ compensation is not available to them when that is not the case. Still, obtaining full benefits can be challenging for agricultural workers. Below, our Harrisburg agricultural workers’ compensation lawyer explains what these challenges are and how to overcome them.
Which Agricultural Workers are Eligible for Compensation?
Agricultural workers who work fewer than 30 days a year, and who earn less than $1,200 annually are not eligible for workers’ compensation benefits. If a farmer employs their own minor children who are under the age of 18 years old, or their spouse, these individuals are not usually eligible for workers’ compensation benefits. The only exception to this is if they have asked the Department of Labor and Industry for coverage.
All other agricultural workers in Pennsylvania are eligible for workers’ compensation. Unfortunately, farmers often believe that they are not responsible for carrying workers’ compensation insurance, but that is not true. Even if only a few workers are eligible for workers’ compensation, farmers must carry insurance to protect employees.
Common Workers’ Compensation Challenges for Agriculture Employees
While many agricultural workers are eligible for workers’ compensation, obtaining benefits is not always easy. The most common challenges faced include:
- Not aware of eligibility: Again, while the majority of agricultural workers are eligible for workers’ compensation, many mistakenly believe that they are not.
- Fear of retaliation: Many agricultural workers are hesitant to file a workers’ compensation claim because they believe their employer will retaliate against them. Retaliation based on a filed workers’ compensation claim is illegal so workers should try and obtain the benefits they are eligible for.
- Light duty work: After suffering an injury or illness on the job, a doctor may recommend that a worker is given a reduced workload to expedite a full recovery. This can create a problem, as many farms do not have light duty work or the possibility of reduced workloads.
- Work visas: Many agricultural workers enter the United States on work visas. If these workers become injured on the job, it can be challenging to obtain workers’ compensation across borders. Issues such as the qualifications of doctors and the cost associated with injuries, and obtaining medical care, can make the entire matter much more confusing.
Our Agricultural Workers’ Compensation Lawyer in Harrisburg Can Help You Overcome These Challenges
Agricultural workers are usually eligible for workers’ compensation, but that does not mean they will not face challenges when applying for them. At Ira H. Weinstock, P.C., our Harrisburg agricultural workers’ compensation lawyer knows how to overcome these challenges and will guide you through the process so you obtain the full and fair benefits that are rightfully yours. Call us now at 717-238-1657 or contact us online to request a consultation with our experienced attorney and to get the legal help you need.
