Feb 21, 2020
Can I Receive Workers’ Compensation for an Injury at a Temporary Job?
Workers’ compensation benefits are provided to many employees following an on-the-job injury. There are certain roles and types of work that are excluded from the workers’ compensation system.
Some employees work in temporary roles and may be unsure if they are entitled to the same workers’ compensation benefits as full-time workers. A temporary employee’s ability to recover workers’ compensation benefits after a work injury will depend on the nature of their employment and their agreement with their employer.
About Temporary Work
Temporary roles are available in almost every industry. Although some jobs are specifically labeled as temp work, any position that is subjected to a limited time contract could be considered as temporary work.
Temporary work may include seasonal roles. For example, many retail companies hire more people around the holidays with the intention that they will only work during the busy season. Although there is a possibility of seasonal workers being hired full time after the holidays, it is a temporary position in most cases.
Temporary work is different from a part-time job. A temporary employee can work full time, but there is the intention of a limited period of employment. Conversely, part-time employees have limited hours but may not necessarily enter the role with the intention of leaving after a few weeks or months.
Workers’ Compensation Restrictions for Temporary Employees
Not all temporary employees can receive workers’ compensation benefits, and their entitlement may be contingent on the nature of their role. Many temporary roles are subject to a contract and are managed by an outside company, such as a staffing agency. The staffing agency may cover the people they employ. Sometimes, a temporary worker may be considered as an independent contractor rather than a full employee. In these cases, the temporary employee would not be entitled to workers’ compensation benefits. However, many other temporary employees are.
Seasonal workers, for example, can often recover workers’ compensation benefits. Although it is expected that they will not be working in that role past the holidays, for example, they are a full employee during the period of time that they are employed in that role. As an employee, seasonal workers are entitled to full benefits.
The attorneys of Hansford McDaniel LLC represent people who have sustained work injuries and require workers’ compensation benefits. If your employer has wrongfully denied your benefits and you need help with your claim, contact us today.
To schedule a free consultation with our legal team, complete our contact form or call (770) 741-2825.