Can Seasonal Employees Can Workers’ Compensation Benefits?

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Many companies rely heavily on hiring seasonal or temporary employees during the busiest times of the year. This includes any employee that works for a set period of time due to seasonal demand, such as:

  • Lifeguards
  • Holiday retail workers
  • Farmworkers
  • Housekeepers/cleaners
  • Drivers

Millions of workers are classified as temporary employees. However, issues can arise as to whether these types of workers are entitled to workers’ compensation benefits for on-the-job injuries. Below, our Louisville workers’ compensation attorneys discuss eligibility for benefits.

Defining Workers’ Compensation Eligibility

Although seasonal employees may not work year-round, fortunately, most of them meet the state’s definition of employees. This means that these workers would be entitled to potential workers’ compensation benefits. It does not matter whether an employee works full-time, part-time, or seasonally. They can successfully file a workers’ compensation claim if they meet the following criteria:

  • The Worker Is an Employee. The individual must be a legal employee of the company versus an independent contractor.
  • The Injury or Illness Is Work-Related. The injury or illness must have been the result of the individual performing job duties or acting within their “scope of employment.”
  • The Employer Is Covered by Workers’ Compensation Insurance. The employer must have workers’ comp insurance in order for an injured employee to pursue benefits; if this is not the case, the worker may be entitled to file a third-party lawsuit for negligence.

Get Help from Our Louisville Workers’ Comp Attorneys

Statistics show that seasonal workers are more likely to be injured on the job due to the fast-paced nature of the work and lack of experience performing the specific job duties. Therefore, it’s crucial to understand your rights to benefits.

If you’ve been injured on the job as a seasonal employee, our Louisville workers’ compensation attorneys can review your case for free to determine what specific benefits you may be entitled to, be it in the form of temporary partial disability (TPD), permanent partial disability (PPD), temporary total disability (TTD), or permanent total disability (PTD).

Get the justice you deserve by calling (502) 822-2230 today!

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