Legal Question in Workers Comp in Pennsylvania

Re: New Sole Proprietor

Attorney Marvin's advice to you about obtaining appropriate insurance should be followed. I might add that worker's comp. insurance for a very part-time employee probably is not too expensive. Also, for probably no additional payment, or only a small additional payment, your husband may be able to be added to the policy in case he gets hurt. Please consult with a qualified insurance agency.

Re: New Sole Proprietor

Interesting question.

If your husband is going to pay the friend, then it would be considered an employer/employee relationship. If the friend got hurt, and there was no insurance, the friend would have a choice between claiming W/C benefits (all medicals and 2/3's of average gross wages from all employments) payable regardless of fault, or suing under common law. Either way, your husband could be personally liable to pay whatever was due.

With comp insurance, that would be the exclusive remedy for an employee who got hurt, meaning that you can't be sued, even if negligent.

The comp law does have an exception for "casual employment" but I wouldn't advise anyone to rely on that because it's a gray area.

You husband should check with a local insurance agent to see about getting comp insurance, which could provide added protection to him in case he was hurt in an accident. He should also have liability insurance. Prudent homeowners insist that contractors carry insurance so sooner or later, he'll need it to get jobs.