Are Seasonal Employees Eligible for Workers’ Comp. in North Carolina?

November 27 , 2018

Many companies employ people for a limited time during specific portions of a season. For instance, during winter, businesses such as airports and restaurants employ an extra workforce to keep all areas running. You may ask yourself what happens if you or a loved one, who is a seasonal employee, gets hurt at work. Our Charlotte Worker’s compensation lawyer Martha L. Ramsay invites you to keep reading as we discuss more seasonal employees and their chances of obtaining Worker’s compensation benefits after a workplace injury.

Can I Obtain Workman’s Comp If I Work For A Season?

In North Carolina, employers with three or more employees are required to carry and provide worker’s compensation insurance. This system is created to assist employees who are injured at the workplace. Workman’s comp does not apply to situations where the employee was not acting within the scope of their job duties. This means if you got injured due to factors unrelated to your job, you could not obtain compensation under this insurance program.

The Workers’ Compensation system does not make a distinction between a seasonal, temporary, or full-time employee regarding awarding coverage. Essentially, you can receive coverage from your state’s Workers’ Compensation system regardless of your status as an employee. However, there are specific federal workers such as railroad workers and employees from the federal government, who are exempted from the workman’s comp coverage.

What Do I Need To Do If I Get Hurt At Work?

There are several steps you need to take to obtain your worker’s compensation benefits. The first thing you should do after a workplace accident is to seek medical assistance. Safety should be your primary concern after a workplace injury. Once you have obtained medical aid, you must report your injury to your employer. Notice of your injury must be given to your employer within thirty days of your accident. The notification provided to your employer must include relevant information such as the date and time of your injury as well as a description of how your accident happened. It is imperative to notify your employer of your injury accident, or you may lose your right to obtain compensation for your injuries.

After getting medical assistance and notifying your employer of your accident, the next step you need to take is to file your Workers’ Compensation claim. If your claim is approved, you can start receiving workman’s comp benefits. The benefits you can receive in a Workers’ Compensation claim are two-thirds of your average weekly wage.

What Injuries Are Covered Under Workers’ Compensation?

Generally, any injury a worker sustains in the workplace, within the scope of his or her duties is covered by the worker’s compensation system. The type of injuries you can sustain in the workplace can be very different. Some of the injuries that are covered under the worker’s compensation system include:

Off-Site Workplace Injuries

When determining whether the workman’s comp covers you, one of the first things your employer will want to know is where did the accident happen. Usually, you must have been injured at work. However, what happens if you were somewhere outside the premises of your job? To obtain compensation, you will need to demonstrate your injury occurred within the scope of your duties. For instance, you can receive compensation if you suffered an accident while performing a task related to your job such as visiting a client or making a delivery.

Repetitive Stress Injuries

Workplace injuries are not limited to those that suddenly happen while performing your duties. Some other injuries can develop over time. One of the most common types of repetitive stress injuries sustained in the workplace is carpal tunnel. This condition generally affects people who perform constant manual labor such as assembly line employees, construction workers, and writers. Other examples of injuries or illnesses that can develop over time are chemical exposure injuries. Being exposed to a chemical agent for an extended period can lead to severe diseases such as mesothelioma due to exposure to asbestos.

Mental Health Conditions

A traumatic event or a severe injury in the workplace can lead to life-altering medical conditions such as PTSD (post-traumatic stress disorder). Employees who are going through this illness may have the opportunity of obtaining workers’ compensation from their employer. A skilled workman’s comp lawyer can help you file your claim and guide you throughout the process.

What Happens If My North Carolina Workers’ Comp Claim is Denied?

Just because you are part-time, a seasonal worker does not mean your workers’ compensation eligibility differs from a full-time, year-round employee. If your North Carolina workers’ compensation claim is denied, you have the right to appeal that decision and continue to pursue the benefits you are entitled to for your injuries. We can help.

Charlotte, North Carolina Worker’s Compensation Attorney Offering Free Consultations

If you are a seasonal employee and got injured at work, you can obtain compensation for your injuries. Our North Carolina workers’ compensation lawyers can help you navigate through the complexities of the workman’s comp system if you or a loved one were injured while at work, the Ramsay Law Firm, P.A., can help. To learn more about your case in a free, confidential consultation, call our law offices today at (704) 376-1616 or contact us online.

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