Tom Gabor | October 16, 2024

High Swartz LLP Welcomes Litigation Attorney Andrew M. Olen, Esq.

High Swartz LLP is pleased to welcome Andrew M. Olen, Esq. to the firm. Andrew will join our business, real estate, and municipal practice groups with a primary focus on litigation matters.

With a diverse background in civil litigation, real estate disputes, and complex transactional matters, Andrew has developed a strong reputation for representing clients in Philadelphia and the surrounding metropolitan area.

Andrew excels in guiding property developers, business owners, and municipalities through the complexities of zoning, land use, and development approval processes. He has successfully represented clients in applications for variances, special exceptions, and conditional uses before zoning boards and planning commissions.

Andrew has significant experience handling real estate acquisitions and dispositions, commercial leases, and complex land development projects. He regularly drafts real estate contracts, purchase and sale agreements, and other key transactional documents.

In civil litigation, Andrew focuses on breach of contract, construction defects, and business torts. He has managed all phases of litigation, including pleadings, discovery, dispositive motions, and trial preparation.

Andrew also represents clients in business transactions, offering legal guidance on everything from contract negotiation to business disputes. He has advised on multimillion-dollar real estate deals, ensuring that every aspect of the transaction is handled professionally and in his client’s best interest.

Andrew has previous experience as in-house counsel at a large Montgomery County real estate developer managing a portfolio of over 3 million sq. ft. He negotiated leases, handled zoning and permitting issues, and directed outside counsel in litigation matters.

High Swartz | October 14, 2024

How to Handle a Contested Divorce

How to Handle a Contested Divorce in Pennsylvania

Divorce is never an easy process, but it can become incredibly challenging when contested. You can contest the divorce if you and your spouse disagree on important issues. Contested divorces include disagreements about property, child custody, or support.

Understanding what a contested divorce involves and how to navigate it is crucial for ensuring the best possible outcome. So, let's walk you through the essential aspects of handling a contested divorce in Pennsylvania.

You'll also want to work with an experienced contested divorce lawyer near you. Our law firm works with couples in Bucks, Delaware, and Montgomery County, PA. Call the law office near you to speak with a divorce attorney:

Norristown Family Law Office: 610.275.0700

Doylestown Family Law Office: 215.345.8888

Wayne Family Law Office: 610.975.4468

What is a Contested Divorce?

A contested divorce occurs when spouses cannot agree on one or more critical issues related to their divorce. With an uncontested divorce, both parties mutually agree on the terms.

However, a contested divorce involves disputes requiring negotiation, mediation, or, in some cases, a trial. Typical areas of disagreement include property division, custody, child support, alimony, and even the grounds for divorce.

It's essential to have legal representation when facing a contested divorce. A knowledgeable divorce lawyer can help protect your interests, navigate the legal system, and work toward a favorable resolution.

Contested vs. Uncontested Divorce

We quickly touched on these two types of divorce. But, understanding the difference between a contested and uncontested divorce is critical.

In an uncontested divorce, both spouses agree on all terms of the divorce. The upside is that it generally results in a quicker, less expensive, and less emotionally taxing process. You can avoid a lengthy court battle and finalize the divorce relatively swiftly.

In contrast, a contested divorce is much more complex. You must resolve disagreements through negotiation or in court, which can significantly lengthen the process of divorce. And more time means more money.

A family law attorney or divorce lawyer helps you navigate the legal intricacies and advocate for your best interests.

Reasons to Contest a Divorce

During a divorce, spouses often have different opinions on dividing assets. They also may disagree on who should have custody of the children. Additionally, determining spousal support can be a point of contention.

These disputes can significantly impact the process's duration, cost, and emotional toll. Knowing common causes for contested divorces can help you better prepare for what's ahead.

Common reasons include:

Asset Division

One spouse may feel that the division of marital property is unfair. Pennsylvania follows the principle of equitable distribution for property division (23 Pa. C.S. § 3502). This does not necessarily mean a 50/50 split but rather a fair division based on factors like each spouse's income, contributions to the marriage, and needs.

Child Custody

Parents often disagree on who should have primary custody of the children. Legal custody involves decision-making rights, while physical custody addresses where the child resides. Additionally, Pennsylvania courts focus on the child's best interests when making custody decisions.

Spousal Support

One spouse may contest the amount or duration of alimony payments. PA supports three types of support:

Spousal support or support before filing the divorce
Alimony pendente lite or support during the divorce process
Alimony or support after finalizing the divorce

Grounds for Divorce

Sometimes, spouses may disagree on the reasons for the divorce, as is often the case with fault-based divorces.

Pennsylvania allows for both no-fault and fault-based divorces. Most divorces in Pennsylvania are filed on no-fault grounds, either mutual consent or irretrievable breakdown of the marriage. Fault-based grounds, such as adultery or cruelty, are less common and can complicate the divorce process, but they may also affect the division of assets and alimony.

Who Pays for a Contested Divorce?

One of the most common questions about contested divorces is, "Who pays for it?" In Pennsylvania, each spouse is typically responsible for paying their legal fees.

However, the court may sometimes order one spouse to contribute to the other's attorney fees. That can occur if there is a significant difference in income between the parties.

Contested divorces can be expensive, including attorney, court, and potential fees for expert witnesses. Planning your finances and discussing payment options with your divorce lawyer is crucial as you prepare for the process.

How Long Does a Contested Divorce Take?

The duration of a contested divorce in Pennsylvania varies depending on the complexity of the case and the court's schedule.

The mandatory waiting period for a no-fault divorce in Pennsylvania is 90 days if both parties consent (23 Pa. C.S. § 3301(c)(2)). However, if one party does not approve, the process can be significantly longer, often longer than one year.

Multiple factors can extend the process. Examples include extensive discovery (the exchange of financial and other relevant information), numerous court hearings, and delays in negotiations.

The Contested Divorce Process in Pennsylvania

Understanding the process of a contested divorce can help reduce anxiety and prepare you for what lies ahead. Here's a step-by-step guide:

Filing the Divorce Complaint: One spouse initiates the divorce by filing a complaint with the court.
Serving the Papers: You must formally serve your spouse with divorce papers.
Response and Counterclaim: The served spouse may respond to the complaint and file a counterclaim outlining their terms.
Discovery Phase: Through discovery, both parties exchange relevant information, such as financial records.
Negotiation: Before going to trial, both parties may attempt to settle disputes through alternative dispute resolution (ADR) involving negotiation, arbitration, or mediation. If the parties agree, they can avoid a court battle.
Trial: If they can't reach an agreement, the case proceeds to trial, where a judge will decide on contested issues.
Final Judgment: The judge issues a final divorce decree, legally ending the marriage once the trial concludes.

Throughout this process, your divorce lawyer can offer appropriate guidance on how to handle each step. They'll also ensure you're adequately prepared for each stage.

How to Navigate a Contested Divorce

Navigating a contested divorce can be challenging, but there are ways to avoid common pitfalls:

Misinformation: The law requires complete transparency. Failure to disclose assets or access to critical information can result in legal penalties.
Emotions: Divorce is an emotional process. But it's essential to approach the process and your decisions with a clear, rational mind.
Organization: Keep detailed records of all communications, financial documents, and court filings.
Communication: Clear and consistent communication with your divorce lawyer is crucial. The more they know, the better they can get your desired results.
Relationships: Although Pennsylvania has no legal constraints against dating during a divorce, it can impact your outcome.
Finances: Don't withdraw monies from joint accounts without consulting your family lawyer.

Following these items allows you to navigate the process more smoothly and work towards a resolution that meets your needs. When in doubt, consult with your contested divorce lawyer.

Contested Divorce Lawyers in Pennsylvania

With any contested divorce, your best starting point is finding a skilled divorce lawyer. Choosing the right attorney can make all the difference in getting what you want.

Our divorce lawyers counsel clients in Bucks, Delaware, Montgomery County, and surrounding counties of Philadelphia. More importantly, several of our family lawyers received recognition as Best Lawyers in America©. So you know you'll be working with experienced, results-driven attorneys.

Our local law firm also offers various legal services to help with issues such as support and PFA orders.

High Swartz | October 8, 2024

Commercial Zoning Laws in Pennsylvania

Commercial Zoning Laws - A Guide for Business Owners

It pays to know zoning laws in Pennsylvania before buying commercial property.

Commercial zoning laws dictate where to open your business, the activities allowed, and building construction. And they apply regardless of your type of business.

Knowing those laws ensures compliance and sets the stage for success. If unsure, hiring a real estate lawyer near you is wise to prevent problems that could affect your business later on. Our law firm garnered national recognition for real estate litigation, land use, and zoning law.

Commercial Zoning Laws in Pennsylvania

Property zoning divides land into distinct districts to control the use and development of real estate. Municipalities use zoning as a guide for urban growth. It ensures that commercial activities don't infringe on residential neighborhoods and vice versa.

In Pennsylvania, local government establishes zoning laws. Each township, borough, or city adopts zoning ordinances based on specific needs and development goals.

Commercial zoning laws determine:

Where businesses can operate
The types of buildings you can construct
The specific uses allowed on a property

The laws divide the municipality into districts (zoning districts). They prescribe the land uses in each district, such as residential, commercial, industrial, or mixed-use. Zoning maps represent the boundaries of these districts.

The local government's zoning board or commission typically oversees the application and enforcement of zoning laws.

Commercial Real Estate in Pennsylvania

Pennsylvania defines commercial properties as real estate used for business activities. These include many properties, such as retail stores, office buildings, shopping centers, and hotels. It also covers service establishments like restaurants and repair shops.

Although often categorized separately, warehouses and industrial facilities also fall under commercial properties when they support business operations. The Lehigh Valley and Central PA have become hotbeds because critical interstates converge in these regions. According to Lancaster Farming, Eastern and Central Pennsylvania have 25 million square feet of warehouse space under construction.

Understanding what qualifies as commercial property is essential for new business owners as it directly impacts commercial zoning laws and permissible business activities. Zoning laws are powerful tools in the fight against unwanted developments. Law firms identify zoning ordinances that the proposed warehouse project would violate. They could delay and eventually stop construction by challenging the project on these grounds.

How to Determine the Zoning Status of a Property

To determine the zoning status of a property in Pennsylvania, you can take the following steps:

Zoning Office: You can visit your local office to discover a property's zoning classification. They can provide the zoning map and relevant ordinances to the property.
Online Resources: Some municipalities may offer access to zoning maps and regulations online. Visit the official website of the city or town near your property location.
Property Deed: The deed or title of the property sometimes contains information about its zoning classification or any restrictions.
Real Estate Attorney: You might want to consult with a real estate attorney when purchasing commercial property. They can ensure you have accurate and comprehensive zoning information.

Types of Commercial Zoning

Pennsylvania recognizes several types of zoning, each with its regulations and permitted uses. The most common types include:

Residential Zoning: Local zoning laws can impose many restrictions affecting your ability to maintain a home business. Some localities restrict property owners' rights to build separate structures. You might also run into restrictions on how much of your home you can use exclusively for your business.
Commercial Zoning: This encompasses areas designated for business activities, including retail, offices, and services. Understanding the specific types of commercial zoning is crucial for selecting the appropriate location for your business.
Industrial Zoning: It covers zoning for manufacturing, warehousing, and distribution centers. These areas are typically separate from residential and commercial zones to minimize noise and traffic impact.
Mixed-Use Zoning: This classification encourages a combination of residential, commercial, and sometimes industrial uses in a single area.

Special zoning districts, such as historic or cultural preservation zones, may also affect business operations and property development.

Commercial Zoning Law Restrictions

Commercial zoning laws impose some restrictions beyond determining the land's use, including lot size, building height, density, and parking requirements. These restrictions ensure developments align with community standards and infrastructure capabilities.

Building codes also set construction and safety standards, affecting everything from structural integrity to fire safety. Compliance with zoning restrictions and building codes is non-negotiable. Otherwise, you face costly fines and legal issues.

Common Zoning Issues for Commercial Properties

You risk fines and other penalties if you violate zoning laws (Title 8). Equally important, you risk having your business shut down.

Here are some of the most common zoning issues for commercial properties:

Non-Conforming Use

Non-conforming use occurs when a property's current use misaligns with zoning ordinances. This issue can happen, for example, when zoning laws change after establishing a business.

Typically, grandfather clauses protect you. However, the new zoning law might prohibit your plan to expand or alter your property. Often, resolving these issues requires applying for a variance or seeking a zoning change.

Parking Requirements

Commercial zoning districts can have parking space requirements based on the business type and size. For example, restaurants might need a specific number of parking spots per square foot of dining area.

Failure to meet these requirements can limit business operations or expansion plans. As a result, you might need to apply for a variance. Alternatively, you can address parking needs through shared agreements or off-site parking solutions.

Signage Restrictions

Although essential for most commercial businesses, commercial zoning laws often regulate signage. For example, they can dictate signs' size, placement, and lighting. You may find yourself in conflict when planning to erect or modify new signs.

Building Height and Setback Limitations

Restrictions on building height and setbacks can impact the design and expansion of commercial facilities. For instance, zoning laws may restrict the distance a building can be from the property line.

That can become particularly challenging if you want to expand your building upwards or when the property is small. Businesses facing this concern can request variances or conditional use permits.

Zoning Amendments and Rezoning

Occasionally, municipalities revise their zoning ordinances or maps. Imposing new restrictions or changing permitted uses can adversely affect commercial properties. Even after establishing your business, you'll need to stay updated on commercial zoning law updates.

Conditional Use Permits

Sometimes, zoning law may prohibit commercial operations but receive a conditional use permit. Generally, obtaining a permit involves a detailed application process and a public hearing. It also will require adherence to specific conditions laid out by the zoning board.

You can seek a variance if you have any of the above concerns. A commercial real estate attorney can help you build a case for one.

How to Get a Variance with Commercial Zoning Laws

A variance is a legal mechanism that allows property owners to deviate from strict adherence to zoning regulations. The process doesn't require an attorney, but you'll have a better chance of winning if you work with an experienced real estate attorney.

Here are the steps to submit a variance:

Application: Submit a variance application to the local zoning board. The application needs a description of the variance and the reason for it. Generally, you'll also have to pay a fee.
Notice and Hearing: The zoning board schedules a hearing following the application. It also notifies nearby property owners about the variance that might impact them.
Hearing: You'll have the opportunity to present your case. You can present supporting evidence and testimony from experts or affected parties.
Decision: The zoning board decides whether the variance adheres to the public interest and ensures the variety doesn't negatively affect the plan's overall intent.
Appeal: You can appeal the decision to a higher court if denied.

Consult a Real Estate Attorney Near You

Many can overlook commercial zoning laws with the excitement of purchasing a property for your business. Unfortunately, you risk opening a can of worms that can shutter your business until resolved.

Our real estate attorneys know local ordinances, ensuring you eliminate those risks. So call our law offices if you need a lawyer near you in Bucks, Delaware, Chester, Philadelphia, or Montgomery County, PA. We'll aim to get the results you want while eliminating potential legal logjams.

High Swartz | October 8, 2024

Politcal Yard Signs - Are They Legal In Pennsylvania?

Political yard signs and free speech have become a source of significant controversy in Pennsylvania, especially in recent years.

As elections approach, the debate over displaying political yard signs has intensified. Many Pennsylvania homeowners want to show their support for candidates, but they may face challenges from their own homeowners' associations (HOAs) or community associations.

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First Amendment Rights and Political Signs

Our democracy relies on the First Amendment, which prohibits laws that restrict free speech. The Supreme Court has consistently upheld broad protections for political speech, including the use of political yard signs. In Pennsylvania, political signs, flags, and posters displayed close to elections are considered a form of protected speech. As a result, government actions such as zoning laws that ban political yard signs in residential areas are often ruled unconstitutional. Size restrictions and permit requirements on political signs, though less clear-cut, also undergo strict scrutiny by courts. In many cases, these regulations are deemed invalid because they infringe on free speech.

HOA Restrictions on Political Yard Signs

Despite these protections, Pennsylvania residents living in community associations may face restrictions on displaying political yard signs. These limitations come from the association's governing documents, not PA government. Both the U.S. Constitution and the Pennsylvania Constitution protect free speech only when the interference is carried out by a government entity. HOAs and community associations are private organizations and are not considered government actors. In Midlake on Big Boulder Lake, Condo. Ass'n v. Cappuccio, the Pennsylvania Superior Court upheld an HOA's right to restrict political signs. The court reasoned that because residents voluntarily purchased property in a community association, they agreed to abide by its rules, even if that meant giving up certain speech rights. Specifically, the Court held that:

The Courts of this Commonwealth have vigorously defended the rights which are guaranteed to our citizens by both the federal and our Commonwealth’s constitutions. One of the fundamental precepts which we recognize, however, is the individual’s freedom to contractually restrict, or even give up, those rights. [The unit owners] … contractually agreed to abide by the provisions in the Declaration at the time of purchase, thereby relinquishing their freedom of speech concerns regarding placing signs on this property.

Contractual Agreements in HOAs

The court in Cappuccio emphasized that individuals have the freedom to contractually limit their rights, including their right to display political yard signs. If a community association's governing documents uniformly enforce a ban on political signs, it is likely to be upheld in Pennsylvania courts. This is true even with the strong free speech protections offered by the U.S. and Pennsylvania Constitutions.

In Conclusion: Political Yard Sign Rules in Pennsylvania

While Pennsylvania law generally protects the display of signage, those living in community associations may find their rights restricted by HOA rules. These private associations are not subject to constitutional free speech protections, allowing them to enforce restrictions on political signs. However, any such restrictions must be applied consistently across the community. Understanding these distinctions is crucial for homeowners looking to display political yard signs in Pennsylvania.

High Swartz | October 8, 2024

Child Support Modifications

The Family Support Act of 1988 requires a review of child support guidelines every four years. However, life circumstances can change. If so, you can file for child support modifications. You may need to modify child support independently of the four-year review requirement when they do.

Knowing when and how to ask for a change in Pennsylvania can help ensure your child support payments match your current situation. Here's what you need to know about how to modify paying child support.

What is a Child Support Modification?

A child support modification is a legal change to the original court order. A parent can request one when circumstances change. Those changes can affect the financial responsibilities or needs of the parents or children involved. Modifications can increase, decrease, or terminate child support obligations.

Schedule a consultation with a child support lawyer near you to determine if your circumstances warrant a modification. Our attorneys support clients throughout Bucks, Delaware, and Montgomery County, PA.

The Best Lawyers in America© cited several High Swartz family lawyers in its 2025 edition, so you can trust that you'll work with some of the best attorneys in your area.

Reasons for Requesting a Child Support Modification

In Pennsylvania, the courts will consider a child support modification only if circumstances have changed substantially. Common reasons include:

Change in Parent Income

A significant increase or decrease in either parent's income can justify a support modification. That change may relate to a new job, job loss, lay off, promotion, or demotion.

Change in a Child Custody Arrangement

Sometimes, the amount of time a child spends with each parent changes. If so, the court can modify the support order to reflect the new custody arrangement.

Change in the Child's Needs

Increased medical care, education, or special needs expenses can warrant a modification. The goal is always to ensure the child's basic needs are met.

Change in Parent's Circumstances

If a parent experiences a life-changing event, the changes can affect their financial ability to pay support. Examples include remarriage, having another child, or suffering a disability.

Emancipation of a Child

When a child turns 18 or becomes legally independent, the child support obligation may need to change or end. Read more about child support termination in Pennsylvania here.

How to Modify a Child Support Order in Pennsylvania

If you believe a modification is necessary, follow these steps to request a change to your child support order:

File a Petition for Modification

You can start by submitting a written petition to the Court of Common Pleas Domestic Relations Section (DRS). You must submit the petition to the county initially issuing the support order. This petition should include details of the substantial change in circumstances and supporting documentation.

You can access more information and the form at your county's website:

A child support attorney can help ensure you complete the petition accurately. If you have questions about submitting a modification in Bucks, Delaware, Montgomery, Chester or Philadelphia counties, please give us a call.

Attend the Modification Conference

After filing your petition, the DRS schedules a support conference. Both parents must attend. During this conference, the DRS officer will review the financial situations of both parties and any changes in circumstances. The conference location is determined by court and may be in person at the courthouse or virtually via zoom.

Provide Evidence Justifying the Support Modification

Be prepared to provide documentation supporting your request:

Pay stubs
Tax returns
Medical bills and records
Termination notice
Marriage certificate
Birth certificate
School records
Call, email, and text records

These documents help the DRS officer assess the justification for the modification.

Receiving the Court's Decision

DRS will issue a recommendation after reviewing all the evidence in your child support case. If both parties agree to the recommendation, it becomes a new court order. If not, the court schedules a hearing before a judge who will decide.

Support Modification Factors Considered by the Court

When deciding whether to approve a child support modification, Pennsylvania courts consider several factors, including:

Current Financial Resources: The court considers parents' income and assets to decide how much they can support the child.
Custody and Parenting Time: The child's time with their parents can influence how the court calculates child support.
Child's Needs: Courts consider any changes in the child's needs, medical expenses, educational costs, and other special needs.
Other Obligations: The court may also consider each parent's financial obligations, such as support for other children or debts.

Temporary vs. Permanent Modifications

Not all modifications are permanent. Some changes may be temporary, depending on the circumstances.

Temporary Modifications: Courts may issue short-term changes based on temporary job loss or a short-term medical condition.
Permanent Modifications: These apply to long-term or indefinite changes in circumstances, such as permanent job loss or disability.

Common Mistakes to Avoid When Seeking a Modification

Navigating the modification process can be complex. Again, a child support lawyer can guide you through the process.

To increase the likelihood of a successful modification, avoid these common mistakes:

Failing to Act Promptly: If your financial situation has changed, file for a modification as soon as possible. Delaying can result in substantial unpaid child support, which is challenging to modify retroactively. Moreover, the domestic relations office can intervene if you fall behind for over three months. It can suspend your driver's license, hunting or fishing license, or any professional license.
Inadequate Documentation: Courts require evidence to support a modification request. Ensure you have all necessary financial documents, including pay stubs, tax returns, and proof of expenses.
Misunderstanding the Legal Process: The child support modification process can be confusing. Consult a family law attorney who can guide and represent your interests.
Communication: A simple conversation with the co-parent about the need for a change may lead to an agreement. That avoids the time and expense of a court hearing.

What to Do the Court Denies Your Modification Request

You have options if the court denies your modification request:

File an Appeal: You can appeal the court's decision if you believe the denial stems from an error in applying the law or the facts of your case.
Wait for a Change in Circumstances: If your situation changes again, you can file a new petition for modification. You have no limit to how many times you can request a modification. If you have a substantial change in circumstances, you can file a support modification request.
Seek Legal Advice: A family law attorney can help you understand the reasons for the denial. They can also advise you on the best steps to take moving forward.

How Often Can Child Support Be Modified?

Pennsylvania has no limit on how often you can modify a child support order. Again, a support modification depends on whether there has been a substantial change in circumstances.

However, courts will likely deny frequent requests for a modification without a legitimate change in circumstances.

Need Help with a Child Support Modification?

Understanding the modification process is crucial when you seek to increase, decrease, or terminate child support. Sometimes, the proper support can make all the difference.

Our family law firm serves clients in Bucks, Delaware, and Montgomery County, PA. Our family lawyers have the experience to ensure you get the desired results. They can help you navigate the legal system and advocate for your rights and your child's best interests. Give us a call.

Thomas Panzer | October 7, 2024

Is Workers’ Compensation Insurance Mandatory in PA

When you run a business in Pennsylvania, you must fulfill several legal obligations to protect your company and employees. One of the essential requirements is carrying workers' compensation insurance. But is it mandatory for every business in the state?

We'll clarify Pennsylvania workers' compensation rules, highlight common mistakes business owners make, and explain why compliance is crucial.

If you have additional questions about workers' compensation, talk to a workers comp lawyer at our local law firm. We support business owners and employees throughout Bucks, Delaware, and Montgomery County, PA.

You can learn more about employer rights and duties under the state's workers' compensation program.

What is Workers Compensation Insurance?

Workers' compensation insurance benefits cover employee work injuries or illnesses relating to their job. It covers medical expenses, lost wages, and even rehabilitation costs. The purpose of this insurance is twofold:

Protect Employees: It ensures injured employees receive the necessary support if they suffer a workplace injury or illness. Equally important, it prevents employees from suing their employer for medical care and disability benefits.
Protect Employers: It shields businesses from costly lawsuits by providing a no-fault system. Employees receive benefits regardless of who is at fault.

Workers' compensation laws require coverage across the United States. However, each state has its own rules and regulations.

Is Workers' Compensation Mandatory in Pennsylvania?

Yes, workers' compensation is generally mandatory for most employers in Pennsylvania. You must carry workers' compensation insurance if you have one or more employees. That applies to both full-time and part-time employees.

Who Needs to Have Workers' Compensation Insurance?

In Pennsylvania, the law requires almost all employers to carry workers' compensation insurance, including:

Businesses with Employees: Any company that employs one or more individuals must have coverage. That applies even if employees work part-time or seasonally.
Non-Profit Organizations: Non-profits are not exempt. If they have employees, they need coverage just like for-profit companies.
Agricultural Employers: You must have coverage if you pay wages of $1,200 or more during a calendar year and an employee works 30 or more hours per week.
Domestic Employees: You need workers' compensation if you hire domestic workers, such as nannies or caregivers. That applies if the worker works 40 hours weekly for a single employer.

Are There Any Exceptions?

Pennsylvania laws permit some exceptions:

Sole Proprietors and Partners: Sole proprietors and partners in a business don't require workers' comp. However, they must cover any employees.
Family Members: Immediate family members working in agriculture or some small, family-run businesses may be exempt. However, consulting a workers' compensation lawyer is recommended to ensure compliance with the specific exemptions and coverage requirements.
Independent Contractors: Workers' comp generally excludes independent contractors. However, misclassification can lead to significant penalties.

Understanding these requirements is vital for failing to have the proper coverage can lead to severe consequences.

Penalties for Non-Compliance

Failing to carry workers' compensation insurance in Pennsylvania is a serious offense. If you operate without the required coverage, you could face the following penalties:

Criminal Charges: Non-compliance can lead to criminal charges and fines. Penalties apply per violation, and cumulative fines can far exceed $15,000 in cases of multiple offenses. In some cases, employers may face imprisonment.
Civil Penalties: Injured workers can sue employers lacking coverage. As an employer, you're potentially liable for all compensation, medical expenses, and damages.
Business Closure: The state can issue a stop-work order. So, it can shut down your business operations until you obtain the required coverage.
Reputational Damage: Non-compliant employers can hurt their reputations. It can affect your ability to attract and retain talent.

Non-compliance costs far outweigh the expense of carrying workers' compensation insurance. It's not about avoiding penalties. It's about protecting your business and your employees.

Frequently Asked Questions (FAQs) About Workers Comp Insurance

Do I need workers' compensation insurance if I'm the only employee?

If you are a sole proprietor or partner, you needn't carry workers' comp insurance for yourself. However, as soon as you hire any employee, even part-time, you must have coverage.

What happens if I classify an employee as an independent contractor incorrectly?

Misclassifying an employee as an independent contractor to avoid paying for workers' compensation is a severe violation. If discovered, you could face fines and penalties and be responsible for any back benefits owed to the worker.

How much does workers' compensation insurance cost in Pennsylvania?

Workers' compensation insurance costs vary based on factors like your industry, payroll, and claim history. High-risk industries such as construction or manufacturing typically have higher premiums. Consult with an insurance provider to get a precise quote for your business.

Are there any exemptions for small businesses in Pennsylvania?

As mentioned, sole proprietors and partners without employees don't require workers' compensation benefits. Agricultural workers must meet specific conditions for exemption, such as working less than 30 hours a week for a single employer. Domestic servants must also meet particular conditions. Federal government workers, railroad workers, and dockers have different coverage.

What should I do if I receive a workers' compensation claim from an employee?

If an employee files a workers' compensation injury claim, immediately report it to your insurance company. You must also complete and submit a First Report of Injury form to the Pennsylvania Bureau of Workers' Compensation. Ensure you cooperate with your insurer and keep detailed records of the incident.

Can I be fined for not having workers' compensation insurance?

Yes. You can face significant fines, criminal charges, and even suspension of business operations suspended until you become compliant.

Experienced Workers' Comp Lawyers Near You

Workers' compensation is a crucial component of running a business in Pennsylvania. Non-compliance can lead to severe penalties, but you can navigate these laws confidently with the proper guidance.

Contact our workers' comp lawyers if you have questions about workers' compensation or need help resolving a dispute. We have law offices in Bucks, Delaware, and Montgomery County. We provide the support you need to keep your business running smoothly.

Doylestown Law Office: 215.345.8888

Norristown Law Office: 610.275.0700

Wayne Law Office: 610.975.4468