Temporary and seasonal workers play an important role in Georgia’s economy. Many high school and college students take summer jobs to earn spending money or pay off loans while construction companies and event planners often hire temporary workers or contractors to meet project demands during the busy season. Whether you’re working in agriculture, retail, or construction, the reality is that all jobs come with some degree of risk, and this is no different for temporary and seasonal employees.
Whenever you perform job duties, even if you’re only employed on a short-term basis, there’s a risk of being injured. Fortunately, in Georgia, even temporary employees may be entitled to workers’ compensation benefits in the event of an occupational injury.
Who is Considered a Seasonal Employee in Georgia?
A seasonal employee is someone hired to work for a specific period. Their jobs are often tied to a particular season or peak demand. Common seasonal employment in Georgia includes retail staff hired during the holiday season and construction workers brought on for short-term projects. Other positions include:
- Camp counselors
- Carnival workers
- Concert staff
- Marina workers
- Restaurant staff
These jobs, while often temporary, come with their own risks. Concert staff, for instance, face hazards when setting up or breaking down stages or overhead lights, which can involve handling heavy equipment. Similarly, marina employees can be at risk of watercraft accidents, and slip-and-fall injuries are common in the restaurant industry. Despite the temporary nature of these jobs, employees who suffer work-related injuries while performing their duties may still qualify for workers’ compensation.
Staffing Companies May Provide Insurance
When you are hired through a temp agency and placed in a temporary role, the staffing company is typically responsible for providing workers’ compensation insurance, not the business where you are assigned to work. It’s important to verify these details with your staffing agency, so ask them upfront about your workers’ compensation coverage and the steps to take if you are injured on the job.
Workers’ Compensation Laws for Temporary and Seasonal Workers in Georgia
Some temporary or seasonal employees may believe they aren’t eligible for workers’ compensation, but this usually isn’t true. To qualify, you must meet two key conditions:
- Your injury occurred while you were performing your job duties. In other words, you must have been injured during your working hours and while carrying out your assigned tasks.
- The injury was not the result of your own misconduct. Workers’ compensation in Georgia is a no-fault system, meaning you can still receive benefits even if you were partly at fault. However, certain actions can disqualify you from receiving benefits. For instance, if you violated known safety rules, were intoxicated, or intentionally harmed yourself, your claim could be denied.
There are certain types of workers that are excluded from workers’ compensation coverage, but it is a pretty small list. If you are told that your injury at work is not covered because you are not covered by workers’ compensation, do not just take your employer or insurance company’s word for it. Be sure to reach out to a workers’ compensation attorney to check on the denial.
How to File for Workers’ Compensation as a Temporary Worker
Filing for workers’ compensation as a temporary or seasonal employee is a similar process to that of full-time employees. If you’ve suffered a job-related accident, take the following steps:
- Report Your Injury Immediately: The first thing you need to do after a workplace injury is to notify your employer, whether that’s the staffing agency or the company where you’re working. In Georgia, you must report the injury within 30 days. Failing to do so can result in your claim being denied.
- Seek Medical Attention: Your employer or staffing agency should provide a list of approved medical providers you’ll need to visit for emergency care and treatment. Be sure to follow their guidelines and get the necessary medical care promptly. This will help document the injury and prevent any complications with your claim.
- File a Workers’ Compensation Claim: After reporting your injury, your employer should file a claim with their workers’ compensation insurance provider. If they don’t, you may need to file Form WC-14 with the Georgia State Board of Workers’ Compensation.
- Follow Up and Keep Detailed Records: Document everything related to your injury, from medical visits and hospital treatment to communication with your employer. Keeping thorough records helps ensure your claim is processed smoothly and reduces the likelihood of disputes.
Even if you believe the injury is minor, it’s critical that you file a claim. Health insurance may not cover medical care related to work injuries, and failure to document the injury could leave you facing significant costs.
Specific Challenges Faced by Seasonal or Temporary Workers
Temporary and seasonal workers face their own challenges when it comes to securing workers’ compensation. Some common hurdles include:
- Lack of Awareness: Many temporary workers are simply unaware they have similar rights to full-time employees when it comes to workers’ compensation. This misconception can lead to delayed or unreported claims.
- Confusion Over Employer Relationships: Since temporary workers often go through staffing agencies, they may not know which employer is responsible for filing workers’ compensation claims or providing coverage. This can create unnecessary delays and complications.
- Job Insecurity: Injured workers may fear losing their job or future opportunities if they report an injury. This fear of retaliation can prevent them from seeking the compensation they deserve.
- Changing and Hazardous Work Environments: Temporary workers are frequently placed in high-risk environments like construction sites or outdoor jobs. Workers in these environments are more likely to experience on-the-job injuries but may be hesitant to report them due to job insecurity.
Legal Tips for Seasonal and Agricultural Workers
If you are a temporary or seasonal worker concerned about your right to workers’ compensation, here are some tips that can help.
- Know Your Employer’s Responsibilities: Whether you’re employed by a retailer, a staffing agency, or a construction company, your employer is legally required to carry workers’ compensation insurance if they have three or more employees. Confirm that they have the necessary coverage for weekly wage loss and medical expenses.
- Don’t Delay Reporting Injuries: Report your injury to your supervisor or staffing agency immediately. Waiting too long to report an injury could lead to a denied claim. It’s always better to be proactive in notifying your employer.
- Keep Detailed Documentation: Record everything – how the injury occurred, the medical treatment you received, and how it’s impacting your ability to work. This documentation will help protect you in case of disputes.
- Seek Legal Help if Necessary: If your claim is denied or you’re facing challenges, consulting a workers’ compensation attorney is strongly recommended. They can explain your rights and help you secure the best results with your workers’ comp case.
Workers’ Compensation Benefits and Damages You Could Receive
Workers’ compensation provides several benefits to injured seasonal or temporary workers in Georgia, including:
- Medical Coverage: This includes necessary treatments, hospital visits, surgeries, and even prescription medications and travel expenses related to your recovery as long as you are treating with authorized medical providers.
- Lost Wages: If your injury prevents you from working for more than seven days, you’re eligible for lost wage benefits. Georgia provides up to two-thirds of your average weekly wage, up to a state-imposed limit, for up to 400 weeks in non-catastrophic cases.
- Permanent or Partial Disability Benefits: If your injury results in permanent disability, you may be eligible for additional benefits.
- Death Benefits: In the unfortunate event of a work-related fatality, workers’ comp benefits can cover funeral expenses and provide financial support for the deceased worker’s dependents.
It’s important to note that workers’ compensation doesn’t cover non-economic losses like pain and suffering. However, if a third party (such as a machine manufacturer, contractor, or negligent driver) caused or contributed to your injury, you may be able to file a separate personal injury lawsuit against them.
Advocating for More Inclusive Policies
While Georgia’s workers’ compensation laws provide protections for seasonal and temporary workers, there’s still work to be done. Advocates continue to push for more inclusive policies that ensure every worker, regardless of employment status, has access to the same wage and medical benefits and protections. Expanding educational resources, improving employer accountability, and preventing retaliation can help create a more equitable system for all injured workers.
When to Consult a Georgia Workers’ Compensation Attorney
If you are injured on the job as a temporary or seasonal worker, consulting a workers’ comp attorney can increase your chances of a successful claim. An experienced attorney can help ensure that your claim is handled fairly. If a third party was responsible for your injury (e.g., a vendor or equipment manufacturer), you may also be able to file a personal injury lawsuit for further compensation.
Speak to a Workers’ Compensation Lawyer Today
Understanding your rights and the steps to take after a workplace injury can help ensure that you receive the wage and medical benefits you deserve. Whether you’re working through a staffing agency or directly for an employer, the protections are in place to help you recover and move forward after an injury.
If you’re facing challenges with your workers’ comp claim, Perkins Studdard is here to provide the assertive legal representation you need. For more information or to schedule a free consultation with a workers’ comp lawyer, call our office today at 770-872-7930.
Related: Top Mistakes to Avoid When Filing a Workers’ Compensation Claim in Georgia
