Can Seasonal Employees Receive Workers' Compensation?
Businesses hire seasonal employees to get an extra hand and increase staffing during the holiday season. Even though seasonal employees only work for a short period of time, costs and obligations associated with hiring seasonal workers remain a concern, including providing workers’ compensation coverage.
Receiving Workers’ Compensation as a Seasonal Employee
There is no exclusion from workers’ compensation for seasonal workers hired during the holiday season. If a seasonal employee is injured, insurance that covers temporary workers will help pay for treatment, medical bills, and lost wages. According to Patriot Software, “When an employee accepts workers’ compensation benefits, they typically waive their right to sue you.”
This coverage is important for any business that hires workers during the holiday season and can save a company from facing legal matters. Workers’ compensation insurance covers employees regardless of who is at fault, whether the injury caused was by themself, a co-worker, or a customer.
Workers’ Compensation Restrictions
However, there are some restrictions to receiving workers’ compensation benefits. If an employee purposefully injures themself, if the injury is not job-related, or received while committing a crime or violating company policy, a business can take the necessary steps if there’s any suspicion of workers’ compensation fraud.
Workers’ compensation fraud is any lie or misrepresentation made by an employee, employer, or provider to benefit financially. For example, a seasonal employee can be accused of workers’ compensation fraud, but it’s easy for an employer to misclassify employees to avoid paying for workers’ compensation insurance and commit workers' compensation fraud.
Also, an insurance provider can be accused of workers’ compensation fraud by exaggerating an employee’s symptoms to get more money.
Reporting Your Work-Related Injury
Were you recently injured while working as a seasonal employee? One of the first things you should do is report your work-related injuries to your employer. Tell an individual with a directing role at your company, such as a manager, supervisor, or on-site nurse. Once you notify your employer, ask for the recommended medical professional to see you for an evaluation and treatment if needed.
If you obtained a serious injury that requires urgent care, seek an emergency care clinic first and tell your employer about your injury as soon as possible. Failure to report a work-related injury within 90 days of the accident may disqualify you from receiving benefits.
Whether you work full-time, part-time, or as a seasonal employee, you should know your benefits and rights. Most work injury cases receive workers’ compensation, but some may not. Knowing the different employment roles and scenarios in which you may receive compensation and protection will help secure your workplace rights.
If you are unsure whether you are entitled to compensation after a personal or work-related injury, reach out to Carrillo Injury Law today at (352) 371-4000 for a free consultation!
Sources
https://smallbiztrends.com/2022/10/hiring-seasonal-employees-2022.html
https://www.patriotsoftware.com/blog/payroll/what-laws-apply-to-seasonal-workers/#:~:text=If%20you%20have%20employees%2C%20you,medical%20bills%2C%20and%20lost%20wages.
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