Is there such a thing as a religious exemption to having worker’s compensation insurance?

I’m about to hire a contractor to replace my roof on my house. This contractor is Amish and is claiming a religious exemption to having worker’s compensation insurance. Am I fully protected if a worker is injured on the job? Should I ask the contractor for any documentation for this exemption?

Asked on September 12, 2012 under Employment Labor Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Pennsylvannia has what is known as a "religious exemption" to their Worker's Comepnsation Law which requires the employer to file an affidavit of exemption.  If they qualify under the law then have been granted exemption due to their religious beliefs by the Department of Labor and Industry.  Now, there are certain requirements such as all their employees have to also be Amish and if they have any employees that are not Amish they need to provide Worker's Comp.  I would require that they have a policy adding you as an additional insured and call your broker to ask what happens in this type of situation.  Good luck.

 

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