How Workers' Compensation Applies to Seasonal Employees

Every year, the holiday season brings a need for the hiring of seasonal workers. There are millions of seasonal workers in the U.S., including but not limited to lifeguards, holiday retail workers, warehouse workers, or those employed on farms for seasonal harvests. In this article, we will discuss the rights of seasonal employees when it comes to workers' compensation and what they can do in regard to that process for any on-the-job injuries.

Background

Seasonal and temporary workers are often just as susceptible to work-related injuries as any other employee. Luckily, they are entitled to the same workers’ compensation benefits. In California, it is required by law that employers treat all employees fairly when hurt during their job duties; this encompasses seasonal and temp staffers.

As a seasonal worker, you do not have to worry about reaching a certain number of days before eligibility kicks in. You are eligible for workers' compensation from your very first day on the job.

How seasonal employees get injured at work

According to a study published in the American Journal of Industrial Medicine, temporary workers have a higher overall injury rate than permanent workers in the same occupations. There are a variety of reasons why seasonal employees might be injured and it's not necessarily because they are careless. Some of the reasons include:

• The temporary and fast-paced nature of their employment: many of these jobs are fast-paced due to the rush of the holidays which is a busy season for many companies. This can cause injuries since people can be more preoccupied with getting the work done than being safe.

• Insufficient training prior to starting their job: Many of these workers are hired and must start immediately for a company which leaves little room for the proper training needed especially in warehouse jobs or for operating heavy machinery. 

• Overexertion: Seasonal work is usually only meant to make it through the holidays or specific times of the year and many of the people who take up seasonal jobs, work a few of those jobs at the same time.

If you suffer any workplace injuries, time is of the essence, so don't wait to file.

Filing a Claim

If you become injured while on the job, your first step should be to seek medical attention. Once you have done that, reach out to your employer and explain what happened. Make sure you follow all of your doctor's orders and stay in contact with both them and your boss.

It's also important to make sure you are familiar with the process of filing a worker's compensation claim so that everything is properly handled. A workers' compensation attorney may be helpful with this aspect.

Eligible benefits for seasonal workers

Here are all of the things seasonal workers are eligible for when it comes to workers' compensation:

• 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?

The amount of Temporary Total Disability (TTD) benefits seasonal workers receive differs from that of year-round employees.

TTD pays out seasonal workers at in-season and off-season rates. Your in-season payment rate is given while you are typically working, based on your average weekly salary. Many factors influence your off-season pay rate, including age, education, skill, and whether you have another job lined up after the season ends.

If you only work seasonally and become injured outside of the usual work period, you will not receive TTD for that time. However, if you are still injured when the season begins again, you will be eligible for in-season benefits.

If you have been injured while working and can no longer work seasonal jobs, you may be entitled to TTD payments. Injured seasonal workers are eligible for the same Permanent Disability (PD) and Medical Care benefits that are afforded to year-round workers.

Final thoughts

Seasonal workers who have been denied benefits or are struggling with filing your workers' comp claim should consider seeking help from a Certified Workers’ Compensation Specialist. Our attorneys, with over 30 years of experience, can help you get the compensation you deserve.Contact ustoday.

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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.