Top tips:
- Temporary and seasonal employees who get sick or hurt at work may be eligible for reimbursement for medical expenses and lost wages through the workers’ compensation act.
- Whether or not you have a valid workers’ compensation claim depends on various factors.
If you have been injured at work or become ill because of work, contact Aversa & Linn to discuss your situation.
Stay safe winter, spring, summer or fall
Some work is by its nature seasonal – some types of farm work, retail work, and construction for example.
Students may work more during their summer or winter breaks. People may pick up temporary extra work for short amounts of time.
Most seasonal and temporary workers are covered by the Workers’ Compensation Act, meaning if they are injured at work, they may be eligible for reimbursement for medical expenses and lost wages.
Unfortunately, many temporary workers may not know they are eligible for workers’ comp. AND they may be even more likely to be injured due to lack of proper training about safety measures.
Temporary workers should make every effort to learn the safety guidelines for their workplace, no matter how short a time they plan to work there. You need to understand job-specific hazards, what to do in the event of an emergency, how to use any PPE (Personal Protective Equipment) and how to safely use any equipment.
If you don’t receive this training, ask for it.
I’m a seasonal worker, am I eligible for workers’ comp?
If you are actively working at the time the injury occurred – you are covered. It does not matter how long you have been an employee or if it is temporary employment. The important question is what is your status at the time the injury occurred.
Employers must provide workers’ compensation coverage for all of their employees, including seasonal and part-time workers. This includes unincorporated businesses and small employers.
Some employees are not covered by workers’ comp laws, but are protected by other laws. These include some agricultural workers.
Always consult an experienced attorney for help in determining if you have a valid workers’ comp claim.
What is workers’ comp?
If you get hurt or sick at work or because of work you may be eligible for payments to reimburse you for medical treatment and lost wages. This is workers’ compensation.
Pennsylvania employers must have insurance to cover workers’ comp expenses for all employees, including temporary, seasonal, and part-time employees. (There are some exceptions.)
Whether or not a person has a valid workers’ comp claim depends on many factors, specific to their particular circumstances, which is one reason why you need an experienced workers’ comp attorney to analyze the situation with you.
Can I get workers’ comp if I was injured while on break?
If you get injured in the workplace while working or doing something to benefit your employer, you may have a valid workers’ comp claim. For example, if you’re injured while using the restroom or taking a short break you may be eligible. The longer the break, the harder it is to prove your eligibility, but it is a case by case analysis, which is why it is important to contact Aversa & Linn to discuss your situation.
Examples of when an injury at work may not be covered by workers’ comp include situations where the employee was:
- intoxicated or using illegal drugs
- trying to hurt themselves or someone else
- committing a serious crime
- fooling around (“horseplay”), or
- breaking a workplace rule on purpose.
Am I eligible for workers’ comp if I’m a contractor?
Job sites can be very complicated, with general contractors, sub-contractors, sub-sub-contractors, day laborers and others.
You may be an employee for purposes of workers’ comp, even if you are a contractor, sub-contractor, or other status on a worksite. The law uses a variety of factors to determine if a person is really an independent contractor or in effect an employee.
You may not qualify for workers’ comp, but may have the option to bring a lawsuit.
This is a very complicated area of the law. If you are not sure of your employment status and have been injured at work, it is crucial to consult an experienced workers’ comp attorney to make sure your rights are protected.
Contact Aversa & Linn to make sure your rights are protected. We will fight for you to hold all responsible parties accountable.
Can I get workers’ comp as an undocumented worker?
Yes. In Pennsylvania undocumented workers have the right to workers’ compensation if they have a work-related injury.
The workers’ compensation act applies to all workers regardless of immigration status.
If your employer has denied your workers’ comp application and you are undocumented, consult an experienced attorney for help in protecting your rights.
How do I report a work-related injury?
Report any injury or work-related illness to your employer or supervisor immediately. Email or text is best, though a conversation is acceptable.
Tell your employer that you were injured at work and include the date and place of injury. Failure to notify your employer can result in the delay or denial of benefits.
Pennsylvania requires you to inform your employer of an injury no later than 120 days after the injury.
What kind of benefits are available through workers’ comp?
Payments for Lost Wages – An employee is eligible for wage-loss benefits if they are totally disabled and unable to work, or partially disabled and earning less as a result.
Death Benefits – If the injury results in death, surviving dependents may be entitled to benefits.
Specific Loss Benefits – If an employee loses the permanent use of all or part of a thumb, finger, hand, arm, leg, foot, toe, sight, hearing or has a serious and permanent disfigurement on their head, face or neck, they may be entitled to a specific loss award.
Medical Care – If a work-related injury or illness is covered by the Workers’ Compensation Act, you are entitled to the payment of related reasonable surgical and medical services, even if you have not lost time from work.
Workers comp is a system to reimburse employees for medical treatment and lost wages for work-related injuries and disease. This applies to all workers, whether they are temporary or permanent, documented or undocumented.
Because these claims can be complicated, it is important to consult an experienced workers’ comp attorney with any questions.
If you have been injured at work or become ill because of work, contact Aversa & Linn. We will fight for you to hold all responsible parties accountable.
Learn more:
Do I have to be hurt at work to qualify for workers’ comp?
5 things you should know before filing a workers’ comp claim in Pennsylvania
