I am a Seasonal Worker, Do I Qualify for Worker’s Comp If I Get Hurt?
Well, it depends on your classification. Employees are eligible for workers’ compensation after a work-related injury, but independent contractors are not eligible for workers’ compensation. If you work as a part-time or seasonal worker, then it is important to understand whether or not you are an employee and whether or not you are eligible for workers’ compensation benefits after a workplace injury.
The fact that you are a part-time employee, or a seasonal employee does not mean that you are an independent contractor or a freelancer. The length of time that you are employed and the number of hours that you work are not factors in deciding whether or not you are an employee. Instead, the factors that are relevant in determining your employment status include:
- Any written or oral agreements you have regarding your employment status
- Whether you are paid a salary or by the job
- Whether you supply your own work tools
- Whether you set your own hours
- Whether you pay your own business expenses
- Whether you are your own boss
- Whether you pay your own taxes or taxes are withheld from your pay
For example, you may be an employee rather than an independent contractor if you work part-time or seasonally as a:
- Construction worker
- Sales person during the holiday season
If you are an employee, then you may be able to file a workers’ compensation claim for a job-related injury.
Virginia law allows part-time and seasonal workers to receive workers’ compensation if they are employees who were hurt on the job. Like other workers, part-time and seasonal workers may be able to receive a percentage of their average weekly wage if they are unable to work due to their on the job injury.
It is important to protect your right to receive workers’ compensation from the time that you initially apply for benefits so that you don’t waste time and resources later. You can do this by seeking immediate medical attention, by promptly notifying your employer of your injury, and by contacting a workers’ compensation lawyer who is willing to fight for your right to receive workers’ comp benefits.
The workers’ compensation insurer may try to deny your claim by asserting that you are an independent contractor and, therefore, not eligible for workers’ compensation benefits. Even if the workers’ compensation insurer does admit that you are an employee who is eligible for workers’ compensation benefits, the insurer may make an error in calculating your average weekly wage benefits.
Part-time and seasonal employees deserve all of the protections that Virginia workers’ compensation law provides. Our attorneys will work hard to get you those benefits during the initial workers’ compensation application process and, if necessary, we will fight for your fair benefits by pursuing a workers’ compensation appeal on your behalf.
Attorneys You Can Trust
Our clients come first. We work hard on each and every case for the benefit of our client and his or her family. We have extensive knowledge about Virginia laws regarding injuries at work and workers’ compensation. No case is too difficult for our team. We work efficiently to achieve positive outcomes. Save yourself time by hiring someone who will work on your side in an aggressive manner. You deserve the best, and we are here to help you get your benefits.
Contact us today to schedule your first consultation. At this appointment, we will discuss your specific case and the hurdles we must overcome to get you your benefits. We will navigate the process for you, making it easy to understand. Contact us today!