Workers' Compensation and Seasonal Workers

Employers in many industries commonly hire seasonal workers to help meet demand during a particular peak season. This could include hiring more temporary workers for seasonal work during the summer or holiday seasons.

Although it’s usually a win-win for the employer and the temporary employee, these jobs come with the same risks as year-round employees. In fact, with less experience and training, seasonal employees may have a higher risk of workplace injuries.

We explain how, in most cases, seasonal workers are eligible for workers’ comp benefits. Workers’ compensation laws differ in every state. Understanding your state’s workers’ compensation process increases your chance of receiving workers’ compensation benefits for workplace accidents. Find a workers’ compensation attorney in your state for help and legal advice.

Eligibility for Workers’ Compensation As a Seasonal Worker

At times, companies need more people to run a business. This includes people such as retail, warehouse, or agricultural workers. Most seasonal workers are entitled to workers’ comp benefits for work-related injuries.

Each state administers a workers’ compensation insurance program that provides workers’ compensation coverage for job injuries. Although each state administers its workers’ compensation program differently, most companies with employees must have workers’ comp insurance.

This coverage must offer protection for all employees, including part-time, full-time, and seasonal workers. Seasonal workers don’t need to work for an employer for a particular time before they qualify to file a workers’ comp claim.

Types of Injuries and Conditions Covered

During the off-season, many employers take time to provide training on essential safety measures that protect workers from accidents. However, during the hustle and bustle of the busy season, training can slip through the cracks. If you’re a seasonal worker, you can be less familiar with safety procedures. This places you at a higher risk than a permanent employee for a workplace injury requiring medical attention. Injuries and conditions covered by workers’ compensation insurance often include:

• Strains
• Sprains
• Broken bones

Common causes of these injuries include:

• The temporary and fast-paced nature of seasonal employment
• Insufficient training before starting the job
• Overexertion and fatigue

Even when working in seasonal employment, as an injured worker, you may have the right to receive compensation for lost wages and necessary medical treatment during your recovery period from a personal injury.

Filing a Workers’ Compensation Claim as a Seasonal Worker

If you’re injured at work as a seasonal worker, you should immediately report the injury to your employer and get medical care. It’s best to file the necessary paperwork as soon as you can. Failure to meet the applicable deadlines can result in your employer’s insurance company denying a claim.

Seasonal workers must follow their state’s procedures for filing a workers’ compensation claim. Eligible benefits for seasonal workers can include:

• All reasonable medical expenses
• Lost wages from missing work
• Permanent disability benefits if the injury permanently impacts your ability to earn a living
• Temporary total disability benefits if you can’t work for a time

The amount of temporary total disability for seasonal workers differs from that of year-round employees. Many factors impact the off-season pay rate, including age, education, skill, and employment prospects.

If you were injured while working and can no longer work seasonal jobs, you may be entitled to temporary total disability payments. Permanent disability and medical care benefits are typically offered at the same rate as year-round workers.

Challenges Faced by Seasonal Workers

Workers’ compensation insurance may not cover some seasonal workers. This can present challenges to workers who must rely on other sources of income or payment if they are hurt on the job. Such workers include:

• Agricultural workers
• Domestic workers
• Federal employees
• Independent contractors

Additionally, seasonal workers who qualify for workers’ comp will usually lose their time loss benefits once the season ends if they aren’t working in the offseason. However, if you have other off-season employment and can’t work because of your seasonal injury, you may be eligible to receive time-loss benefits. The benefit amount is based on the income you could have earned.

Seasonal Employees May be Able to File a Personal Injury Lawsuit

Separate from a workers’ compensation claim, as a seasonal worker, you may be able to file a personal injury lawsuit against a third party other than your employer, who is responsible for your injury. Responsible third parties could include:

• A negligent driver who caused your injury in a car accident while you were on the clock
• The manufacturer of faulty equipment that malfunctioned and caused your injury
• A tenant or property owner of the property where you sustained an injury due to a hazardous condition on the property

Filing a third-party personal injury lawsuit may be possible even if you receive workers’ comp benefits. Filing a workers’ compensation claim doesn’t disqualify you from pursuing a third party in a personal injury lawsuit.

Get Advice From an Experienced Workers’ Compensation Lawyer

Knowing whether you’re eligible for workers’ compensation benefits as a seasonal employee is important. An experienced workers’ compensation lawyer can address your particular legal needs. Contact a local workers’ compensation lawyer today for legal advice.