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Sole proprietors not required to notify insurer as employers: Pa. court - Business Insurance Skip to content Register for free Search Search Log In Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Risk Management Cyber Risks Pricing Trends Mergers & Acquisitions Technology Sponsored Content WSIA RISKWORLD Workers Comp & Safety Workers Comp Cost Control Pain Management Workplace Safety International EMEA Asia-Pacific Latin America People Events BI Intelligence Top 100 Agents & Brokers Best Places to Work 2025 Lists Directories Insurance Pricing BI Stock Index Magazine Current Issue Past Issues Subscribe Women to Watch ALL INsurance Resources Risk Perspectives Sponsored Content Webinars White Papers Sole proprietors not required to notify insurer as employers: Pa. court by Louise Esola Workers Comp Coverage , Workplace Safety Mar 26, 2026 The Pennsylvania Supreme Court on Thursday ruled that a sole proprietor who is injured on the job is not required to notify a workers compensation insurer within 120 days to preserve eligibility for benefits, reversing a lower court decision. In Erie Insurance Property & Casualty Co. v. Heater , the court held that state law requires notice only to an employer — not to an insurer — even when the injured worker is also the business owner. The case involved David Heater, a sole proprietor who suffered a serious neck injury in a 2015 fall while performing roofing work. His insurer, Erie Insurance Property & Casualty Co., denied the claim in part on the basis that it did not receive notice of the injury until more than a year later. A workers compensation judge agreed, finding the claim barred for failure to provide timely notice. The Workers’ Compensation Appeal Board reversed, but the Commonwealth Court reinstated the denial, concluding that a sole proprietor must notify the insurer within 120 days. The state high court disagreed, finding the statute unambiguous. The ruling said the law’s definition of “employer” does not include insurers for purposes of the notice provision and applies broadly across the act. As a result, the court said, the lower court erred in reading an insurer-notification requirement into the statute. The ruling also rejected arguments that requiring notice to insurers is necessary to prevent stale claims, acknowledging those concerns but stating they cannot override the statute’s plain language. 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