Are Seasonal Workers Entitled To Workers’ Compensation?
With the warmer weather in New Jersey comes a wide array of seasonal employment opportunities. These seasonal jobs are often either part-time or full-time for part of the year.
But what happens when you're injured during your regular job duties during seasonal employment? Does the New Jersey workers' compensation program cover seasonal employees?
Generally, yes, workers' compensation benefits are available for seasonal workers. If you need help seeking compensation for your injuries, contact us today for a free consultation to discuss the specifics of your case.
Seasonal Jobs & The Risk of Injury
Seasonal workers are likely to see a higher incidence of injury due to their lack of training and the nature of most seasonal employment. As they only work part of the year they generally don't have the necessary skills to perform their job duties safely.
There are also many seasonal jobs which have a higher rate of injury. These include:
- Snow Removal
- Water Sports
- Manual Laborers
How Seasonal Employees Can Get Workers’ Compensation
Seasonal employees, or employees in general, are eligible for workers' compensation benefits. To be eligible for benefits you need to be classified as an employee and not a contractor. In general, if your employer directs your work activity, instructs you on how to perform said work, and provides supervision, you are considered an employee and not a contractor. Conversely, if your employer gives you assignments and leaves you to complete that work on your own, you could be classified as an independent contractor.
The line between contractor and employee is sometimes blurred and a workers' compensation lawyer can help you determine your status and seek appropriate compensation.
What is Considered a Work-Related Accident?
If you are classified as an employee you will then need to determine if your injuries are due to your job-related duties. Only injuries sustained during your normal work duties can be compensable. A "work-related" accident means that your injuries were directly sustained directly as a result of your "normal" job duties.
Can Part-Time Employees Qualify For Workers' Comp?
Similar to full-time seasonal workers, part-time workers can also be eligible for workers' compensation. The same issues around classification exist to determine whether you are considered an employee or an independent contractor. Additionally, the amount of compensation available to employees is typically based on your income so your potential payout may be limited based on your hourly wage and the number of hours you work.
Getting Legal Help
Working with an experienced workers' compensation attorney can significantly help individuals seek benefits. At The Reinartz Law Firm, we have helped hundreds of New Jersey employees successfully navigate the workers' compensation process and obtain the maximum benefits available by law.
Call us today for a free consultation and learn more about your potential claim and how we can help you.