Workers’ comp requirements by state · Reviewed October 2026

Pennsylvania workers’ comp and subcontractor insurance requirements

What general contractors, property managers and other businesses hiring subcontractors in Pennsylvania need to know: who has to carry workers’ comp, when you’re on the hook for an uninsured sub, and what to collect before work starts.

Pennsylvania at a glance

Who must carry workers’ compNearly all employers with 1 or more employees.
ConstructionUnder the Construction Workplace Misclassification Act, construction workers are presumed to be employees unless they meet the Act’s test for independent contractors.
Where coverage comes fromPrivate insurers, plus self-insurance where approved
RegulatorPennsylvania Bureau of Workers’ Compensation

Are you liable for an uninsured sub in Pennsylvania?

A contractor can be the statutory employer of an uninsured subcontractor’s employees (77 P.S. §§ 52, 461).

Separately, your own workers’ comp premium auditor may charge you for an uninsured sub’s payroll. Collecting a current certificate for every sub is the simplest protection. See workers’ comp audits and uninsured subcontractors, or estimate the cost with the workers’ comp audit calculator.

What to collect from subcontractors in Pennsylvania

Common contract minimums

These aren’t set by Pennsylvania law. They’re typical subcontract requirements that you can adjust by trade and project size.

CoverageTypical minimum
General liability$1M each occurrence / $2M aggregate, additional insured, primary and non-contributory
Auto liability$1M combined single limit
Umbrella / excess$1M–$5M+, by trade risk and project size
Workers’ comp / employers’ liabilityStatutory / $500K–$1M each, waiver of subrogation

Generate requirements by trade with the subcontractor insurance requirements generator.

Frequently asked questions

Is workers’ comp required in Pennsylvania?

Nearly all employers with 1 or more employees. Under the Construction Workplace Misclassification Act, construction workers are presumed to be employees unless they meet the Act’s test for independent contractors. Confirm details with the Pennsylvania Bureau of Workers’ Compensation.

Is a general contractor liable for an uninsured subcontractor in Pennsylvania?

A contractor can be the statutory employer of an uninsured subcontractor’s employees (77 P.S. §§ 52, 461).

What insurance should I require from subcontractors in Pennsylvania?

State law sets workers’ comp rules; your contract sets everything else. Common minimums are general liability of $1M per occurrence and $2M aggregate, auto liability of $1M, workers’ comp with employers’ liability of $500K–$1M, and additional insured status and waiver of subrogation in your favor.

General information, not legal or insurance advice. Last reviewed October 2026. Rules change, so confirm with the Pennsylvania Bureau of Workers’ Compensation or a licensed professional.

Other states

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Keep every sub’s certificate current

Certy reads each COI, checks it against your requirements, and reminds subs before coverage lapses.

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