Businesses that meet certain criteria in the state of Pennsylvania must purchase workers' compensation insurance. This insurance makes is possible for employees who sustain an injury while working to file a claim for benefits. Depending on the severity of the injury, the benefits to which each worker is entitled can cover things such as medical bills and lost wages.

When an injured worker files a claim to attempt to secure benefits, it is not uncommon for claims to be denied. The denial can be for many different reasons, including the worker's employment relationship to the employer. The laws surrounding this matter can be foggy. A recent Pennsylvania Supreme Court decision likely provides some clarity on the matter.

In the case, the Pennsylvania Supreme Court determined that a tomato grower in the state must provide benefits to the subcontractor driver of a truck who was injured while delivering the produce. Despite the driver's work not being based on the business' premises, the grower is considered a statutory employer and is therefore secondarily liable for some of the benefits sought by the truck driver.

The unanimous decision of the court determined that workers' compensation benefits must be made available to contractors who engage in work that is regularly part of the business.

This is good news for many subcontractors who in the past would not applied for workers' compensation benefits after suffering a work related injury. While clearly no one wants to be injured while working, it is good know that employers must take some responsibility for safety in their workplaces.

Source: The Legal Intelligencer, "Contractor's hirer found to be statutory employer," Ben Present, June 11, 2012