- November 2, 2019
Most people think that seasonal workers aren’t eligible for workers’ compensation. For some reason, a lot of people confuse workers’ comp with unemployment. The two are completely different things.
Unemployment is benefits you receive if you lose your job. You pay into unemployment. A portion of your wages are taken out each week to cover your unemployment insurance. Unemployment is also paid to you through the State of Georgia. Your employer does not pay your unemployment.
With workers’ comp, it works a little bit differently. You don’t apply for workers’ comp through the state. You apply for these benefits through your employer. And, unlike unemployment, you don’t pay into workers’ comp. Your employer has to maintain insurance for employee injuries and illnesses.
Because your employer pays for this insurance, it costs them money when employees file claims. This is why they’re not always so quick to pay them. They also hate to pay out claims on workers they only have for a few months a year.
Just because you work seasonal jobs, doesn’t mean you’re not entitled to workers’ comp. If your claim has been denied, you need to contact an experienced workers’ comp lawyer in Atlanta.
Seasonal Workers Must Still Meet the Criteria for Workers’ Comp
No matter what kind of worker you are, in order to get workers’ comp benefits, you need to meet certain requirements. These requirements are the same no matter where you live.
In order to be eligible for workers’ comp, you must meet the following requirements:
- You were on the clock at the time of your injury
- if you’re a salaried employee, you got hurt during the course of your employment
- You weren’t under the influence of alcohol or drugs at the time of your injury
- You reported the injury per your company’s policy
- You weren’t horsing around at the time of your accident
- You didn’t intentionally get injured
- You didn’t suffer your injury outside of work
- You agree to a drug test following your injury
- You are treated by a company approved doctor
- You comply with all treatment recommendations
This may seem like a lot – and it is. Employers want to make sure you really sustained your injuries while on the job. They don’t want to pay for medical care or replacement wages if your injury occurred on personal time.
What Benefits are Seasonal Employees Entitled to in Atlanta?
Seasonal employees are entitled to the same benefits as everyone else. If you’re a seasonal employee and get injured at work, you are entitled to the following benefits:
- Medical Benefits
- Temporary Total Disability – If you’re unable to work, you’re entitled to receive these benefits. In Georgia, you’ll receive 2/3 of your average weekly wages. These benefits last for either 400 weeks or until you’re ready to return to work – whichever comes first.
- Temporary Partial Disability Benefits – If you’re unable to earn as much as you did before your injury, you may be eligible for these benefits. This is for people who end up on light duty, part-time hours, or a lower-paying position as a result of their work injury. You’ll receive 2/3 of the wages that you’re losing. These benefits will last for up to 350 weeks or until you return to your prior position and pay.
- Permanent Partial Disability Benefits – If you end up having a certain part of your body totally and permanently injured, you may get these benefits. You’ll receive a certain number of weeks depending on the body part you injured.
Your workers’ compensation lawyer in Atlanta will work hard to make sure you get the benefits you’re entitled to. If your injuries cause permanent disabilities, you can count on your lawyer to make sure you’re taken care of.
While there’s no law that says you need a lawyer to handle your workers’ comp case, it’s a good idea to have one. They’ll negotiate with the insurance company on your behalf. They’ll also make sure your claim is handled properly.
Contact an Experienced Workers’ Comp Attorney in Atlanta, Georgia
If you or your spouse are a seasonal worker and get hurt at work, you’re entitled to workers’ compensation. To make sure you get the benefits you’re entitled to, call and speak with a skilled workers’ comp lawyer in Atlanta right away.
Call Workers’ Compensation Lawyer Coalition today and schedule your initial consultation. It’s absolutely free and you pay nothing until you settle your case. Your employer will have a team of lawyers working for them. Make sure you have one working for you.
