Can Seasonal Workers Get Workers Compensation?

Millions of employees in the U.S. are classified as seasonal workers. This includes any employee that works for a set amount of time to meet increased seasonal demand, such as; lifeguards, holiday retail workers, or farmworkers whose employment is based on seasonal harvests.

Fortunately, seasonal workers are entitled to workers’ compensation benefits for work-related injuries just like any other employee. California law requires employers to treat all employees equally when injured during the course of employment. This includes seasonal and temporary workers.

You do not have to work for an employer for a minimum amount of time before you are protected by workers’ compensation, either. You are eligible for workers’ comp. benefits from the first day you are on a job.

Seasonal Workers Are More Likely to Be Injured at Work

Statistically, seasonal workers are more likely to be injured at work. This is not because these workers are more careless than year-round employees, but due to the temporary and fast-paced nature of their employment. 

Seasonal workers may not receive sufficient training prior to starting their job, they are often moving at a fast pace to keep up with increased demand, and many may be working more than one job.

If you are injured at work, time is of the essence so don't wait to file.

Filing a Claim

If you are injured, seek medical treatment immediately. Talk to your employer and explain what happened. Follow your doctor's orders and make sure to remain in contact with your employer. You will also need to comply with the guidelines for filing a worker's compensation claim.

Seasonal workers can receive benefits for the following:

• All reasonable medical expenses

• Lost wages due to missing work during the season

• Temporary total disability (TTD) benefits if you cannot work at all for some time

• Permanent disability (PD) benefits if the injury affected your earning ability for the rest of your life

What Happens at the End of the Season?

Temporary total disability (TTD) benefits payout rates are different for seasonal workers than they are for year-round employees. 

TTD pays out to seasonal workers at in-season and off-season rates. In-season payment rates are provided while you would normally be on the job, based on your average weekly wage. Your off-season rate is based on many factors, such as age, education, skill, and whether you'd be working somewhere else after the end of the season. 

If you are an injured seasonal worker that doesn't work during the rest of the year, you will not receive off-season TTD. However, if you are still injured when the season resumes, you will receive in-season benefits during the regular term of the season.

If you typically seek other employment when the season ends, but now can not due to your injury, you may be entitled to TD payments even after the term of your seasonal employment is done.

Injured seasonal workers are eligible for the same Permanent Disability (PD) and Medical Care benefits that are afforded to year-round workers.

Should I Seek Help From an Attorney?

If you are an injured seasonal worker who has been denied workers’ compensation benefits or are having difficulty with the filing process, seeking help from a Certified Workers’ Compensation Specialist may be beneficial. Our attorneys have over 30 years of experience helping seasonal workers get the benefits they deserve. Contact us today.

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Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.