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Pennsylvania

    Region
    Pennsylvania
    Required to Report
    No
    State Office
    Poison Control
    Phone 1
    800-222-1222
    WPS Enforcement
    Worker Protection Standard Enforcement Agency

    Department of Agriculture, Bureau of Plant Industry: http://www.agriculture.state.pa.us

    Coverage for Farmworkers
    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).