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Can Temp Workers and Part-Time Employees Receive Workers’ Compensation Benefits?

In many cases, employees who work a limited amount of hours are not entitled to the same benefits as their full-time counterparts. Most temporary and part-time employees do not receive health insurance, paid time off, and other employee benefits.

Workers’ compensation benefits are different (usually). Most employees can receive workers’ compensation benefits regardless of the number of hours they work. However, there are some exceptions. An employee’s ability to receive workers’ compensation benefits will depend on the type of role they fulfill and their employer’s policy.

Workers’ Compensation for Temp and Seasonal Workers

Temporary employees may be employed at a company for a predetermined period of time and working under a contract, such as through a temp agency agreement. Or, they may be a seasonal employee who is hired to work during a busy period — for example, when retail stores hire temporary workers during the holiday season.

In general, temporary and seasonal workers are entitled to workers’ compensation benefits if they are injured on the job. Although their time at a company may be limited, these employees are full employees of the company for the time they are working there.

A temporary or seasonal worker may not be able to receive workers’ compensation benefits from their employer if the terms of their contract do not allow it. Benefits may be administered by the agency, a worker may be classified differently than full-time workers at the company, or they may be disqualified from receiving workers’ compensation benefits for another reason.

Workers’ Compensation for Part-Time Employees

Part-time employees may work everyday for only a few hours, or may only work a couple of days a week. An employee who works part time can generally receive workers’ compensation benefits as long as they are classified as a true employee of the company.

Freelance workers could be considered as a type of part-time employee. A freelance worker may not be able to recover workers’ compensation benefits, depending on the terms of their contract. Freelance workers are generally classified as “independent contractors,” rather than employees. Independent contractors often cannot receive workers’ compensation benefits, so a part-time employee would be excluded from coverage under these circumstances.

If you are a temp or part-time employee who was injured on the job, or simply have questions about your workers’ compensation case, contact Smolich and Smolich today. Our lawyers can provide legal guidance and represent you throughout the progression of your claim.

Send us a message or call (916) 571-0400 for a free consultation with our legal team.