The answer to this question depends on a number of factors uniquely tied to each case. Generally, the claim’s “value” rests on the injured workers’ average weekly wage, the length of time the claimant has been out of work, and (more…)
January, 2013:
Are “Seasonal” Employees Entitled to Workers’ Compensation?
Generally, yes. First, the injured worker must be an “employee”, not an independent contractor. Second, the employer must have at least three (3) employees. The key to whether a worker is an employee or an independent contractor depends on how much control the “employer” has over the worker. The more control, the more likely the worker is an employee. Presuming the injured worker is an employee, then he or she may be entitled to the Five Pillars of Workers’ Compensation: (i) Temporary Total Disability; (ii) Temporary Partial Disability; (iii) Permanent Partial Disability; (iv) Medical care / treatment; and (v) Rehabilitation care and counseling. The first three pillars are money benefits, while the final pillars address the injured workers’ medical care and potential return to work. Whether an employee is “seasonal” does not negate the claimant’s ability to receive these benefits.
If you are a seasonal employee who was injured while on the job, please feel free to contact the Ramos Law Firm for more information about your specific situation.
