Do Seasonal Employees Get Workers’ Compensation?

Two men working in a coffee shop

Summer is fast approaching and countless businesses across the country are looking to conduct hiring sprees of seasonal workers. The coronavirus pandemic that turned most businesses upside-down for more than a year has only exaggerated the need for seasonal employees as places begin to reopen or return to business like normal.

If you have been hired as a seasonal employee, then you need to know one thing that your boss might not tell you: seasonal employees get workers’ compensation benefits. In many workplaces, employers will say that they need to hire a part-time, seasonal employee for an hourly wage and no benefits – that’s it. But this isn’t a true scope of the employment benefits owed to a seasonal employee because it overlooks workers’ compensation. As long as your employer has to provide workers’ compensation benefits to its employees, you should qualify for those benefits.

Here in California, a company with at least one employee must purchase workers’ compensation insurance and provide coverage to its employees. It doesn’t matter if you are full-time, part-time, or seasonal, you get workers’ compensation coverage when it is owed.

The one exception could be if you are an independent contractor. Most states and employment situations do not require workers’ comp to be given to independent contractors. However, if you have been hired with an employment contract to work a season like the summer, then you probably aren’t technically an independent contractor anyway. It could be that you have been intentionally misclassified as an independent contractor, not an employee, to save the employer money, which is a whole different set of legal issues.

Have questions about your workers’ comp benefits as an injured seasonal worker in Glendale or Santa Clarita? The Law Offices of Wax & Wax can help you explore your options and file a claim if you’re eligible. Contact us today to learn more.