Pennsylvania Unpaid Interns May be Eligible for Worker's Compensation

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If your organization helps students and recent graduates gain work experience by offering internships, be aware that even interns who aren't paid could be eligible for workers' compensation.

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FAQ

There are no legal limits on the number of hours an unpaid intern over the age of 18 is allowed to work. For undergraduate students still in school, unpaid internship hours per week are usually limited to 10 to 20.

Exemptions include: people covered under other workers' compensation acts, such as railroad workers, longshoremen and federal employees; domestic servants (coverage is optional); agricultural workers who work fewer than 30 days or earn less than $1,200 in a calendar year from one employer; and employees who have

Generally, workers' compensation insurance coverage is mandatory for all employers who have one or more employees, whether they're part-time or full-time, including family members. Coverage ensures medical and wage-loss benefits to employees who are injured during the course of their job.

Unpaid internships are legal if the intern is the primary beneficiary of the arrangement. This is determined by the seven-point Primary Beneficiary Test. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to minimum wage.

Business owners in Pennsylvania are required to carry workers' compensation insurance for all employees. Under the Pennsylvania Workers' Compensation Act, employees who are injured or acquire an illness on the job receive a percentage of lost wages and reimbursement of medical expenses.

The intern is not necessarily entitled to a job at the conclusion of the internship; and, The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

What Volunteers Receive Workers' Compensation in PA. Volunteers who provide emergency response services in the state of Pennsylvania are provided workers' compensation coverage. The PWCA identifies these individuals as employees of their municipalities who qualify for benefits.

Interns used as substitutes for regular workers should be paid at least the minimum wage, as well as overtime compensation for hours worked over forty in a work week.

Depending on the position, interns may or may not be paid. Unpaid internships are common, especially when the internship counts as academic credit toward graduation.

Workers' Compensation (WC) is mandatory, employer-financed, no-fault insurance which ensures that employees disabled due to a work-related injury or disease will be compensated for lost wages and provides necessary medical treatment to return them to the workforce.

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Pennsylvania Unpaid Interns May be Eligible for Worker's Compensation