Not all employees work full-time year-round. Some workers are seasonal, and the question is, if they get injured while on the job, do they qualify for workers’ compensation benefits?
What is Workers’ Compensation
Most employers in Florida must carry workers’ compensation insurance that pays employees lost wages and medical expenses if they are injured on the job.
Job Injuries as Seasonal Workers
Different seasons bring various jobs that require extra staff. As a result, employers may choose to hire seasonal workers during busy times. Seasonal staff in Florida is typically employed by retail outlets, tourist attractions, and agricultural farms. A seasonal worker is usually someone who works for an employer for six months or less. Additionally, seasonal workers typically start work at the same time each year.
Some of the most common injuries suffered by seasonal workers include:
- Being hit by falling objects.
- Slip and falls.
- Back injuries from lifting heavy items.
- Warehouse accidents.
- Car accidents.
Do Seasonal Workers Qualify for Workers’ Compensation Benefits?
While someone is employed by a company in Florida, even as a seasonal worker, they qualify for all the same benefits as any other employee, that includes workers’ compensation if they suffer an accident or injury. Therefore, the short answer is yes, seasonal workers qualify for workers’ compensation benefits, and if they get hurt while at work, they are entitled to medical expenses and lost wages.
What are the Exceptions?
The most crucial aspect of qualifying for workers’ compensation is the person’s classification as an employee. You are entitled to workers’ compensation if you are on the company payroll and employed, even for a short time. However, if you are an independent contractor and paid through a 1099 AND not an actual employee, you may not qualify if you are hurt on the job. Independent contractor status is complicated and will not likely be a worker’s status if they are individuals and directed to be working on given days and times. Job classification determines whether or not you qualify for workers’ compensation.
What to Do if You are a Seasonal Worker and Get Hurt on the Job
If you are a seasonal worker and get hurt on the job, you have 30 days to report it to your employer so they can file a claim on your behalf. You will need to see a special workers’ compensation physician or use a specific medical facility for treatment. Be sure to consult with the HR person in your organization for the details.
If you are having trouble getting workers’ compensation benefits as a seasonal employee, contact Barry Stein today for help. We offer free consultations and can help you get the benefits you