Do Seasonal Workers Get Workers’ Compensation Benefits?
Workers’ compensation benefits, at least in Florida, are designed to compensate employees who suffer on-the-job injury. However, these laws are usually used for the benefit of full-time employees. In reality, some – though not all – seasonal workers are entitled to recover benefits if they are injured at work. If you are injured on the job, it is important to understand which benefits you may be entitled to receive.
If One Is Covered, All Are Covered
Florida’s law on workers’ compensation specifies that employers must carry coverage if they meet specific requirements, depending on their industry. For example, if a business has 4 or more employees and is not in the construction industry, it must carry workers’ compensation coverage. However, if that business is in the construction industry, it must have workers’ compensation coverage if it has 1 or more employees. Agricultural businesses have slightly more complex rules.
In general, if an employer meets the requirements for their industry, all their employees will be covered by their workers’ compensation policy. This includes seasonal workers, because the question of coverage is not determined by a person’s status; rather, it is determined by their employer’s status. If a worker is injured while acting within the scope of employment, they are, at least in theory, eligible for benefits.
May Still Have Difficulties Getting Justice
While most seasonal employees are eligible for workers’ compensation benefits in the event of an injury, there are still certain factors that can make filing a claim difficult. The first is simply that many seasonal workers do not stay with an employer long, and it can be difficult in those circumstances to obtain the necessary information. The second factor is that not every business is required to carry coverage – particularly in agricultural work – and employees may not be aware of that.
The third factor, however, in seasonal workers not receiving workers’ compensation benefits, is employer misclassification. Whether intentional or unintentional, it is not uncommon for seasonal workers to be misclassified as independent contractors – who are almost never entitled to workers’ compensation benefits under Florida law. If you suspect this has happened to you, it is crucial to ensure that you have the right attorney on your side to get you what you deserve.
Contact An Orlando Workers’ Compensation Attorney
Seasonal workers deserve the benefits that any worker is entitled to receive, but too often, their injuries are overlooked. If this has happened to you, contact an Orlando workers’ compensation attorney from the Hornsby Law Group – we are ready to help. Contact our office today to schedule a consultation.
Source:
myfloridacfo.com/division/wc/employer/coverage-requirements
