Can Seasonal Employees Receive Worker’S Compensation Benefits If Injured?
Getting hurt while on the job is very stressful. Many temporary employees who are hired for just a season get injured while on the job and assume they can’t file for workers’ compensation benefits but that isn’t true. If you are in doubt, a Georgia workers’ compensation attorney can help you understand if you have a good case. Here are some important things to consider if you have been injured on the job.
Defining Seasonal Employees Under Georgia Law
There are many kinds of seasonal workers who find employment in Georgia. They are an important part of the economy. Many high school and college students work seasonally, for instance.
Although we usually think of seasonal workers as those employed during the Holidays, there are many other times of the year when seasonal workers abound. These are some of the employees in that category:
- Camp counselors
- Marina employees
- Migrant farm workers
- Waterpark or theme park workers
Whether an employee works three months a year or all year, he or she will still be entitled to workers’ compensation benefits if injured on the job, if they are regular employees (not contractors).
Worker’s Compensation Eligibility for Seasonal Employees When Injured
Seasonal employees actually are injured on the job more often than regular employees, according to the National Library of Medicine, often due to a lack of experience or training.
Any employer in Georgia with more than three employees has to carry workers’ compensation coverage. That law applies to temporary or seasonal workers as well as year-round employees. A claim must be filed as soon as possible after the injury and it must be reported to the employer’s workers’ compensation carrier.
What if My Claim is Denied?
Of course, there are situations where claims will be denied, namely:
- If the worker is under the influence of drugs or alcohol
- If the injury was caused by an equipment failure
- If the injury wasn’t reported in a timely manner
- If there is a pre-existing condition
- If the injured worker doesn’t keep their medical appointments
- If the employer’s safety policies are not followed
When that happens, it’s best to have an attorney on your side. It will usually take pressure from an attorney or even the filing of a lawsuit to effectively dispute it when a claim is denied.
Filing a work comp claim for a seasonal worker is not always the end of the story. Sometimes employers will resist paying out benefits. If a worker is classified (correctly or incorrectly) by an employer as an independent contractor their workers’ comp claim may be denied by their employer. Independent contractors are not eligible for work comp benefits.
It may also be difficult to determine the correct employer if the worker comes through a staffing agency. In that case, according to OSHA, the correct employer in terms of workplace safety will be both the staffing agency and the host employer.
A Georgia Workers’ Compensation Attorney Can Help
The attorneys at Parsons Law Group are experienced in understanding the quickest and best route to go to find work comp benefits. They can represent a worker at a hearing, locate additional evidence, and file suit. Contact us today for a consultation. We want to help you get what you deserve.
