Villanova Farmworker Legal Aid Clinic at 610-519-3006
Coverage for Farm Workers: Required (with limitations)
Limitations: Employer must provide workers' compensation if the employer pays one agricultural worker wages of $1,200 or more, or furnishes employment to one employee in agricultural labor for 30 or more days in a calendar year.
Statute: 77 Penn. Cons. Stat. § 463 (2012)
Coverage for Undocumented Workers: Yes
Case Law: Reinforced Earth Co. v. Workers' Comp. Appeal Bd., 810 A.2d 99 (Pa. 2002) (finding that undocumented workers were not excluded from the state's workers' compensation scheme as a matter of public policy, but that an employer could petition for a suspension of benefit payments to an undocumented employee because the employee's inability to work resulted from his immigration status, not his work-related injury).
Benefits Available for Undocumented Workers: Undocumented workers are eligible for compensation for medical treatment and total disability benefits, but not partial disability benefits. Mora v. W.C.A.B. (DDP Contracting Co., Inc., and Penn Nat'l Ins., 845 A.2d 950, 953-55 (Pa. Commw. Ct. 2004) (holding that employer could not suspend illegal alien's workers' compensation medical benefits, but that employer could suspend weekly wage benefits even though worker had another job that could be used to calculate wage-loss benefits); Reinforced Earth Co. v. Workers' Comp. Appeal Bd., 810 A.2d 99, 109 (Pa. 2002) (holding employer must pay undocumented worker for medical expenses and total disability benefits but remanding to determine whether employer could suspend disability benefits payments, which it could if worker's condition had changed; there was no need to show that alternate work was available for worker).