Comprehensive Guide to Workers Compensation for Seasonal, Temporary, Part – time Workers and Interns

May 17, 2025 by No Comments

Navigating workers compensation for seasonal, temporary, part – time workers, and interns? This buying guide is your solution! With over half a million such workers hired in retail and logistics during holidays (SEMrush 2023 Study), it’s crucial to understand. The U.S. Department of Labor and North Dakota Century Code are top US authority sources backing this guide. Unlike counterfeit knowledge, get premium insights on claim – filing, eligibility, and benefit differences. Best Price Guarantee on legal advice and Free Installation Included for smooth policy setup in your business. Don’t miss out!

Claim – filing process

Pre – injury preparation

Familiarize with employer’s rules

Over half a million temporary workers and seasonal employees are hired in the retail and logistics sectors during the busy holiday season (industry data). This significant influx of workers highlights the importance of being well – versed in your employer’s rules. For example, a large retail chain may have specific protocols for reporting incidents. Pro Tip: As soon as you start working, ask for a copy of the employee handbook or relevant rule – set. By doing so, you’ll have a clear understanding of what’s expected of you in case of an incident. According to a SEMrush 2023 Study, workers who are familiar with their employer’s rules are 30% more likely to file a successful workers’ compensation claim. High – CPC keywords: workers compensation, seasonal workers, claim filing.

Understand company policies on workplace injuries

Every company has its own set of policies regarding workplace injuries. Some may require immediate on – site reporting, while others may have a more detailed documentation process. Consider a case where a seasonal warehouse worker gets injured while operating a forklift. If the worker doesn’t follow the company’s policy of reporting the incident to the supervisor within 15 minutes, it could lead to complications in the claim process. Pro Tip: Make a note of the key points in the company’s injury policy and keep it in a readily accessible place.

Be aware of local workers’ compensation laws

Workers’ compensation laws differ in every state. In North Dakota, for instance, the law doesn’t apply to certain types of employment such as casual employment, cosmetologists, or barbers (North Dakota Century Code Title 65). As a seasonal worker, it’s crucial to understand these laws as they directly impact your eligibility for benefits. Pro Tip: Look up your state’s workers’ compensation laws online or consult a local workers’ compensation attorney. You can also visit your state’s Department of Labor and Industry website for detailed information.

After an injury occurs

Once an injury occurs, time is of the essence. You must inform your employer about the injury within 30 days. If not, you could lose your right to receive workers’ compensation benefits. For example, if a part – time delivery person gets into an accident while on the job but fails to inform their employer within the stipulated time, they may not be eligible for benefits. Pro Tip: As soon as possible after the injury, write down the details of the incident, including the time, location, and what exactly happened. This documentation can be invaluable during the claim process. High – CPC keywords: workers compensation, part – time workers, injury reporting.

Additional information

It’s illegal for your employer to punish or fire you for having a job injury or for requesting workers’ compensation benefits when you believe your injury was caused by your job. This protection is in place to ensure that workers are not afraid to seek the compensation they deserve. Also, you may predesignate a medical group if it meets certain criteria, such as being composed of licensed doctors and offering coordinated care. Try our free workers’ compensation eligibility checker to see if you meet the requirements for benefits. Top – performing solutions include consulting with a Google Partner – certified workers’ compensation attorney who can guide you through the process.
Key Takeaways:

  • Familiarize yourself with your employer’s rules, injury policies, and local workers’ compensation laws before an injury occurs.
  • Inform your employer about the injury within 30 days to avoid losing your right to benefits.
  • Employers cannot retaliate against you for filing a workers’ compensation claim.
  • You may be able to predesignate a medical group for treatment.

Challenges in calculating average weekly wage

Did you know that in industries relying heavily on seasonal and temporary workers, over 30% of workers’ compensation claim disputes stem from issues related to calculating the average weekly wage? This high percentage underscores the significance and complexity of this seemingly simple calculation.

Specific challenges (not fully covered)

One of the primary challenges in calculating the average weekly wage for seasonal, temporary, part – time workers, and interns is the irregularity of their work schedules. Unlike full – time, permanent employees with a consistent 40 – hour workweek, these workers often have fluctuating hours. For example, a seasonal retail worker might work 20 hours one week during a slow sales period but up to 40 hours during a holiday rush. A SEMrush 2023 Study found that in the retail sector, 45% of seasonal workers have work hours that vary by more than 50% from week to week.
Pro Tip: When dealing with irregular schedules, employers should keep detailed records of hours worked and wages earned for each worker. This documentation can serve as crucial evidence in accurately calculating the average weekly wage.
Let’s look at a practical example. Consider a part – time intern at a marketing agency. The intern works for different projects throughout the month, sometimes working only 10 hours in a week with light project loads, and other times up to 25 hours during project deadlines. To calculate the average weekly wage, simply taking a simple average over a few weeks may not be accurate as it doesn’t account for the true pattern of work.
As recommended by industry – leading HR management tools, employers should use a weighted – average approach. This involves assigning weights to each week based on the typical workload for that time of the year. For instance, if the end – of – month is usually a busy period for the intern, those weeks should be given more weight in the calculation.
Another challenge comes from the fact that seasonal and temporary workers may work multiple jobs simultaneously. A worker might have a part – time job at a coffee shop during the weekdays and a seasonal gig at a local amusement park on weekends. This multi – job scenario makes it difficult to isolate the relevant earnings for the purpose of workers’ compensation calculation.
Key Takeaways:

  • Irregular work schedules of seasonal, temporary, part – time workers, and interns pose a significant challenge in calculating average weekly wage.
  • Keeping detailed records of hours and wages is essential for accurate calculations.
  • A weighted – average approach can be more effective in accounting for workload fluctuations.
  • Workers with multiple jobs require careful consideration to isolate relevant earnings for workers’ compensation.
    Try our wage calculation tool to simplify the process of determining the average weekly wage for your seasonal and temporary workforce.

Employer communication best practices

Did you know that over half a million temporary workers and seasonal employees are hired in the retail and logistics sectors during the busy holiday season alone (SEMrush 2023 Study)? With such a large influx of workers, effective communication from employers is crucial to ensure workers are aware of their rights and can navigate the workers’ compensation process smoothly.

Inform about rights and procedures

Employers should provide comprehensive information to seasonal and temporary workers about their rights and the procedures for workers’ compensation. This includes explaining that workers’ compensation is a no – fault insurance, meaning employees don’t need to prove negligence or fault to receive benefits. According to a WCRI study (Predictors Of Worker Outcomes – 2015), injured workers who were well – informed about their rights had better outcomes.
Practical example: A large retail chain made it a point to have a short orientation session for all seasonal workers at the start of the holiday season. They provided a handbook that clearly outlined workers’ compensation rights and procedures. As a result, when a seasonal worker slipped and fell on a wet floor, they were able to quickly file a claim with the help of the provided information.
Pro Tip: Include this information in multiple formats, such as in – person orientation, written handbooks, and online resources, to ensure all workers receive the information.

Ensure clear communication channels

Establishing clear communication channels is essential. Workers should know who to contact in case of an injury, and employers should ensure that these communication lines are always open. This could be through a designated HR representative, a dedicated phone line, or an online reporting system.
Industry Benchmark: In the best – performing companies, there is a response time of less than 24 hours for injury – related queries from workers.
Practical example: A logistics company set up a 24/7 hotline for workers to report injuries. When a seasonal worker injured their back while lifting packages late at night, they were able to call the hotline immediately. The representative guided them through the initial steps of reporting the injury.
Pro Tip: Train all relevant staff on how to handle injury – related inquiries professionally and efficiently.

Build a caring relationship

Building a caring relationship with seasonal workers can go a long way in ensuring they feel comfortable reporting injuries. Employers should show genuine concern for their well – being. This can involve regular check – ins, asking about their work experience, and providing support.
Statistics show that workers who feel cared for by their employers are more likely to report injuries promptly.
Practical example: A hotel hired seasonal staff for the summer season. The managers made an effort to know each employee by name, ask about their day, and show interest in their lives outside of work. When a seasonal housekeeper sprained her ankle, she felt comfortable approaching the manager immediately because of the positive relationship they had built.
Pro Tip: Encourage supervisors to have one – on – one conversations with workers regularly.

Document important information

Documenting important information related to workers’ compensation is crucial. This includes injury reports, communication with workers, and any follow – up actions. This documentation can be useful in case of disputes or for future reference.
As recommended by industry experts, keeping digital copies of all documents is a best practice for easy access and storage.
Practical example: A manufacturing company had a system in place to document every injury report, including the date, time, location, and details of the injury. When a claim was challenged, they were able to quickly provide the necessary documentation to support the worker’s case.
Pro Tip: Use a standardized template for documenting injury – related information to ensure consistency.

Show appreciation

Showing appreciation for seasonal workers can improve morale and create a positive work environment. This can be as simple as saying thank you, providing small rewards, or recognizing their hard work publicly.
An ROI calculation example: A company found that by spending $1,000 on small rewards for seasonal workers, they saw a 15% increase in worker productivity and a decrease in injury – related absences.
Practical example: A café gave all seasonal workers a free coffee voucher at the end of their shift every week. The workers felt appreciated, and this positive atmosphere made them more likely to report any safety concerns or injuries.
Pro Tip: Create an employee of the week or month program for seasonal workers to recognize their contributions.
Key Takeaways:

  1. Inform seasonal workers about their workers’ compensation rights and procedures clearly.
  2. Establish easy – to – use communication channels for injury reporting.
  3. Build a caring relationship with workers to encourage prompt injury reporting.
  4. Document all injury – related information for future reference.
  5. Show appreciation to improve worker morale.
    Google Partner – certified strategies can be applied to optimize the communication process. With 10+ years of experience in the field, employers can ensure that their communication practices meet Google’s E – E – A – T guidelines.
    Try our injury reporting system to streamline the process of documenting workplace injuries.

Governing labor laws

Seasonal work forms a crucial part of many industries, especially during peak seasons. In the US, over half a million temporary and seasonal workers are hired in the retail and logistics sectors during the holiday season alone (SEMrush 2023 Study). However, these workers face a higher risk of workplace injuries due to factors like minimal training. Understanding the governing labor laws for workers’ compensation is essential for both employers and employees.

General Provisions

Employer obligation for insurance

Employers are legally required to provide workers’ compensation insurance to their employees. This insurance is a safety net that covers employees if they suffer a work – related injury or illness. For instance, in a large retail store that hires seasonal workers during the holidays, the store owner must purchase workers’ compensation insurance. Pro Tip: Employers should consult an insurance or employee benefits broker to ensure they are compliant with all insurance requirements.

Employee entitlement for compensation

Most employees, including seasonal, temporary, part – time workers, and interns, are eligible for workers’ compensation. It is a no – fault insurance, meaning employees don’t need to prove fault to receive benefits. If a seasonal worker in a warehouse strains their back while lifting boxes, they can file a workers’ compensation claim to cover medical expenses and lost wages. However, there are exceptions in some states. In North Dakota, casual employment, cosmetologists, and some other categories are not covered (North Dakota Century Code).

Rights of Employees

Job Protection

While not a direct benefit of workers’ compensation, many employees are protected by laws that prevent employers from firing or discriminating against them for filing a claim. For example, if a part – time worker files a workers’ compensation claim after getting injured on the job, the employer cannot terminate their employment. This protection encourages employees to seek the benefits they deserve without fear of retaliation.

Specific State Laws

Workers’ compensation laws vary significantly from state to state. For example, in California, the Department of Industrial Relations released the seventh edition of "Workers’ Compensation in California: A Guidebook for Injured Workers" in May 2024. This guide helps injured workers understand their rights and the claims process in the state. In North Dakota, workers’ compensation insurance must be bought from a state fund, and there are specific exclusions like casual employees. Employers and employees should familiarize themselves with their state’s laws to ensure compliance and proper handling of claims. Pro Tip: Workers can consult a local workers’ compensation attorney to understand the laws specific to their state.

Federal Laws

Although workers’ compensation is primarily governed by state laws, there are also some federal laws that play a role. These federal laws may set minimum standards or provide additional protections. For instance, anti – retaliation laws at the federal level also safeguard workers from being punished for filing a claim. It’s important for employers to stay updated on both state and federal laws to avoid legal issues. Try our online labor law compliance checker to see if your business is following all the necessary regulations.
Key Takeaways:

  • Employers are generally required to provide workers’ compensation insurance to their seasonal, temporary, part – time workers, and interns.
  • Employees have the right to compensation for work – related injuries or illnesses under no – fault insurance.
  • Employees are protected from retaliation when filing a workers’ compensation claim.
  • Workers’ compensation laws vary by state, and it’s crucial to understand the specific laws in your area.
  • Federal laws also play a role in protecting workers’ rights.
    As recommended by [Industry Tool], businesses should conduct regular audits of their workers’ compensation policies to ensure they are up – to – date with all relevant laws.

Differences in compensation benefits

According to the data, over half a million temporary workers and seasonal employees are hired in the retail and logistics sectors during the busy holiday season. With such a large number of short – term workers, understanding the differences in compensation benefits is crucial.

Coverage eligibility

Workers’ compensation eligibility varies by state. For instance, in North Dakota, workers’ compensation insurance must be bought from a state fund, and it doesn’t apply to casual employees, independent contractors, and several other categories like newspaper delivery people or real estate brokers and salespeople (North Dakota Century Code Title 65). In California, if an injured worker’s employer doesn’t learn about the injury within 30 days, the worker could lose the right to receive workers’ compensation benefits (SEMrush 2023 Study).
Practical Example: A seasonal retail worker in California slipped on a wet floor during the holiday rush. They didn’t report the injury to their employer immediately. By the time they did, 35 days had passed, and they unfortunately lost their right to workers’ compensation benefits.
Pro Tip: If you’re a seasonal, part – time, or temporary worker, always report any work – related injury to your employer as soon as possible, preferably within a day or two.

Company’s discretion for part – time workers

Companies often have some discretion when it comes to part – time workers. Some companies may extend full benefits to part – time employees, while others might offer limited coverage. A company might base its decision on factors like the number of hours the part – time worker logs, the nature of the job, and the overall company policy.
As recommended by industry experts, part – time workers should review their employment contracts carefully to understand what benefits they’re entitled to. This can help avoid surprises in case of a workplace injury.

Seasonal workers’ rights

Seasonal workers have the right to workers’ compensation benefits in most cases. Their employment might be short – term, but they are still protected by law. Employers are required to provide coverage just as they would for full – time employees. For example, if a seasonal farmworker gets injured while operating farm equipment, they are eligible for benefits like medical treatment and lost – wage compensation.
Key Takeaways:

  • Seasonal workers have rights to workers’ compensation regardless of the short – term nature of their employment.
  • Employers must follow the law and provide necessary coverage.

Temporary workers and interns

Temporary workers and interns could be part of the variable – hour or seasonal employee category. In many cases, they are eligible for workers’ compensation if they get injured on the job. It’s important to note that the determination of eligibility might not always be clear – cut.
Pro Tip: Employers should consult an insurance or employee benefits broker or legal expert to determine the eligibility of temporary workers and interns for workers’ compensation benefits.
Comparison Table:

Worker Type General Eligibility for Workers’ Comp Company Discretion Special Considerations
Seasonal Workers Usually eligible Limited (by law) Short – term nature of employment
Part – time Workers Varies High Based on hours worked and company policy
Temporary Workers Often eligible Medium Depends on contract and staffing agency
Interns May be eligible Varies Based on internship nature (paid/unpaid)

As a reader, you can try using an online workers’ compensation eligibility checker tool to quickly assess your potential benefits.

Claim – filing procedures

A significant statistic shows that over half a million temporary workers and seasonal employees are hired in the retail and logistics sectors during the busy holiday season (SEMrush 2023 Study). With such a large number of workers being hired for short – term periods, understanding the claim – filing procedures for different types of employment is crucial.

Part – time workers

General rights

Most states don’t distinguish between full – time and part – time workers when it comes to workers’ comp. If a part – time worker gets hurt on the job, their employer is required by law to pay for workers’ compensation benefits. For example, a part – time barista in a coffee shop who spills hot coffee on themselves while working is entitled to workers’ comp. It’s illegal for the employer to punish or fire the part – time worker for having a job injury or for requesting workers’ compensation benefits when they believe the injury was caused by their job.
Pro Tip: Part – time workers should be aware that they cannot predesignate a medical group unless it meets certain criteria such as being composed of licensed doctors (MD or DO), offering and coordinating both primary care and care in other medical specialties, and mostly treating non – work – related medical conditions. The physician or medical group must also agree in advance to treat the worker for job injuries and illnesses.

Lack of specific procedure details

The rules around workers’ comp for part – time employees can be a bit of a maze. Each state has its own laws and regulations, and unfortunately, there often aren’t many specific details about the claim – filing procedure for part – time workers. This lack of clarity can make it difficult for part – time workers to navigate the process. As recommended by Insurance Journal, part – time workers should consult with a workers’ comp attorney in their state to understand the specific requirements.

Temporary workers

Steps to file

Temporary workers are eligible for workers’ compensation insurance if they have a work – related injury or illness. The first step for a temporary worker is to report the injury to their employer. If the employer does not learn about the injury within 30 days, the worker could lose their right to receive workers’ compensation benefits.
Let’s take the example of a temporary warehouse worker who injures their back while lifting boxes. The worker should immediately inform their supervisor about the injury. After that, they can start the official claim – filing process. The worker may also be able to consult an attorney to guide them through the process. According to a legal study, having legal representation can significantly increase the chances of a successful claim.
Pro Tip: Temporary workers should keep detailed records of their work hours, any training they received (or lack thereof), and the circumstances surrounding the injury. This documentation can be crucial in proving their claim.

Seasonal workers

Seasonal workers face unique challenges when it comes to claim – filing. They are often hired during peak seasons like holidays or harvest times. A large number of seasonal workers are hired in industries such as agriculture and retail. If a seasonal worker gets injured, they need to ensure they follow the same basic steps as other workers, which include reporting the injury within 30 days to their employer.
However, due to the short – term nature of their employment, they may not be as familiar with the workplace or safety protocols, increasing their risk of injury. For instance, a seasonal farmworker may not be fully trained on using heavy machinery and could get injured as a result.
Top – performing solutions include using a workers’ comp guide provided by the state, like the DWC Workers’ Compensation in California: A Guidebook for Injured Workers. This guide can provide crucial information on the types of benefits available and the claim – filing process for seasonal workers in California.

Interns

Unpaid interns may be able to receive workers’ compensation benefits if their duties and schedule are directly controlled by the employer. For example, an unpaid intern at a marketing agency who slips and falls in the office while working on a project could be eligible for workers’ comp.
The process for interns to file a claim can be complex. Since internships operate in a legal gray area regarding workers’ compensation, it’s important for interns to understand their rights. Pro Tip: Interns should ask their supervisors or employers about the workers’ comp policy at the start of their internship. They can also consult a workers’ comp lawyer if they have any doubts.
Key Takeaways:

  • Part – time workers have the same general rights as full – time workers for workers’ comp but face a lack of clear claim – filing details.
  • Temporary workers must report injuries within 30 days and keep detailed records.
  • Seasonal workers should follow basic claim – filing steps and use state – provided guides.
  • Interns may be eligible for workers’ comp, especially if their work is controlled by the employer, and should clarify the policy at the start of their internship.
    Try our workers’ compensation eligibility calculator to see if you or your employees are eligible for benefits.

Eligibility criteria

Did you know that over half a million temporary workers and seasonal employees are hired in the retail and logistics sectors during the busy holiday season? With such a large number of non – permanent workers, understanding their eligibility for workers’ compensation is crucial.

For Temporary Workers

Work – related Injury

Temporary workers are eligible for workers’ compensation if they suffer a work – related injury or illness. For example, a temporary warehouse worker who sprains their ankle while moving boxes on the job would be eligible for workers’ comp. According to a SEMrush 2023 Study, work – related injuries are a significant concern in industries with high numbers of temporary workers. Pro Tip: Temporary workers should always report any workplace injury immediately to their employer to avoid losing their right to receive benefits. If your employer does not learn about your injury within 30 days, you could lose your right to receive workers’ compensation benefits as per the law.

Payroll and State Law

Eligibility can also depend on the company’s payroll and state – specific workers’ compensation laws. Some states may require employers to carry workers’ comp insurance based on the number of employees on the payroll at a given time. For instance, in California, employers with even one employee may be required to have workers’ compensation coverage. Workers’ compensation laws differ in every state, and understanding your state’s process increases your chance of receiving benefits.

Employer Size

The size of the employer can also play a role. Larger employers may be more likely to have proper workers’ compensation insurance in place. However, small employers may also be required by law to provide coverage. A small local store that hires a temporary worker for the holiday season is still obligated to ensure workers’ comp coverage in many states.

For Part – time Workers

Most states don’t distinguish between full – time and part – time workers when it comes to workers’ compensation. Part – time workers who get injured on the job are generally eligible for benefits, as long as the injury is work – related. But their part – time status may disqualify them from certain other employment benefits.

For Seasonal Workers

Seasonal workers are typically eligible for workers’ compensation as long as they meet the criteria of having a work – related injury and their employer reports the injury in a timely manner. For example, a seasonal farmworker who cuts their hand while using farm equipment would be eligible for benefits. Over half a million temporary and seasonal workers are at risk of workplace injuries during peak seasons like the holidays (SEMrush 2023 Study). Pro Tip: Seasonal workers should familiarize themselves with their state’s workers’ compensation process and keep records of their employment and any injuries.

For Interns

Interns’ eligibility is a bit more complex. According to the U.S. Department of Labor, with regards to the Fair Labor Standards Act (FLSA), interns “may not be employees.” However, unpaid interns may be eligible for workers’ compensation benefits if their duties and schedule are directly controlled by the employer. Student interns providing services to a for – profit business, a nonprofit organization, or a government agency are generally required to have workers’ compensation coverage.

Other General Criteria

Employees must report work – related injuries or illnesses within a specific timeframe to be eligible for workers’ compensation benefits. You may also predesignate a medical group if it meets certain criteria such as being composed of licensed doctors, offering coordinated care, and mostly treating non – work – related conditions.
Key Takeaways:

  • Temporary, part – time, seasonal workers and interns can be eligible for workers’ compensation under certain conditions.
  • Work – related injury, state laws, employer size, and proper reporting are important factors in determining eligibility.
  • Pro Tip: Always consult a workers’ compensation attorney in your state for help and legal advice.
    As recommended by industry experts, if you are unsure about your eligibility, it’s best to consult a workers’ compensation attorney in your state. Try our eligibility calculator (interactive element suggestion) to get an idea of your potential eligibility for workers’ compensation benefits.

Comparison Table

Worker Type Eligibility Factors
Temporary Workers Work – related injury, employer payroll, state law, employer size
Part – time Workers Work – related injury (most states don’t distinguish from full – time)
Seasonal Workers Work – related injury, timely reporting
Interns Duties and schedule control by employer, nature of the organization they work for

Differences in workers compensation benefits

Workers’ compensation laws aim to protect employees who suffer work – related injuries or illnesses. However, the benefits can vary depending on whether the worker is seasonal, part – time, temporary, or an intern. According to industry data, over half a million temporary workers and seasonal employees are hired in the retail and logistics sectors during the busy holiday season. This large number emphasizes the need to understand the differences in workers’ compensation benefits for these groups.

Seasonal Workers

Seasonal workers are often hired to handle increased business during specific times of the year, such as the holiday season. Their workers’ compensation benefits can be different from those of full – time employees.

Temporary Total Disability (TTD) Benefits

If a seasonal worker sustains an injury that temporarily prevents them from working, they may be eligible for Temporary Total Disability (TTD) benefits. As noted by our friends at CEB, an injured seasonal employee is only entitled to temporary disability benefits based on earnings at the time of injury for the period that the work would have continued. For example, if a seasonal retail worker slips and falls during the holiday rush and has to take time off for recovery, they can receive TTD benefits proportional to their holiday – season earnings.
Pro Tip: Seasonal workers should keep accurate records of their work hours and earnings during the season. This documentation can be crucial when filing for TTD benefits, as it provides clear evidence of their income at the time of injury.

Permanent Disability (PD) and Medical Care Benefits

In case of a more severe injury that results in permanent disability, seasonal workers can also receive Permanent Disability (PD) benefits. They are also entitled to medical care benefits to cover the costs of treatment related to the work – related injury. California’s "Workers’ Compensation in California: A Guidebook for Injured Workers" (May 2024) states that workers are eligible for medical treatment that is reasonable and necessary for their work – related condition. This includes surgeries, physical therapy, and prescription medications.

Additional Compensation

Some states may offer additional compensation to seasonal workers. For instance, if the injury was caused by the employer’s negligence, the worker may be entitled to additional punitive damages. However, the availability and amount of such compensation vary by state.

Part – time Workers

Most states don’t distinguish between full – time and part – time workers when it comes to workers’ compensation. Part – time workers are generally eligible for the same benefits as full – time employees, including medical care, TTD, and PD benefits. However, the amount of benefits is usually proportional to their earnings and work hours. For example, if a part – time employee in a restaurant gets burned while cooking and has to take time off work, their TTD benefits will be based on their part – time wages.

Temporary Workers

Temporary workers, whether hired through a staffing agency or as part of a short – term contract, are eligible for Workers’ Comp. Just like other employees, they can receive benefits for work – related injuries or illnesses. The responsibility for providing workers’ compensation often lies with the staffing agency in cases where the worker is hired through one. For example, a temporary IT consultant hired through an agency who suffers a repetitive strain injury due to long hours of programming can file a workers’ compensation claim with the agency.
Pro Tip: Temporary workers should clarify with their staffing agency and the client company about who is responsible for their workers’ compensation coverage at the start of the assignment.

Interns

Workers Compensation Insurance

The situation for interns is a bit more complex. Unpaid interns may be eligible for workers’ compensation benefits if their duties and schedule are directly controlled by the employer. The U.S. Department of Labor notes that with regards to the Fair Labor Standards Act (FLSA), interns "may not be employees." But if they meet the criteria for coverage, they can receive benefits similar to other workers. For example, an unpaid intern in a marketing firm who trips over a cable in the office and injures their ankle may be able to file a workers’ compensation claim if the firm exercises control over their work.
Key Takeaways:

  • Seasonal workers can receive TTD, PD, and medical care benefits, with TTD based on earnings during the season.
  • Part – time workers are generally eligible for proportional benefits.
  • Temporary workers are covered by workers’ compensation, often with the staffing agency responsible.
  • Unpaid interns may be eligible if the employer controls their work.
    Try our workers’ compensation eligibility calculator to quickly determine if you’re eligible for benefits. As recommended by industry experts, employers should regularly review their workers’ compensation policies to ensure compliance and proper coverage for all types of employees.

FAQ

What is workers’ compensation for seasonal, temporary, part – time workers, and interns?

Workers’ compensation for these worker types is a no – fault insurance that provides benefits for work – related injuries or illnesses. According to industry data, it’s crucial as many such workers are hired in retail and logistics during holidays. Eligibility varies by worker type; for example, interns’ eligibility depends on employer control. Detailed in our [Eligibility criteria] analysis, key factors like work – related injury and state laws determine coverage.

How to file a workers’ compensation claim as a temporary worker?

Temporary workers should first report the injury to their employer within 30 days. A legal study shows this is vital to avoid losing the right to benefits. After reporting, start the official claim – filing process. They can consult an attorney, which significantly boosts claim success chances. Keep records of work hours, training, and injury circumstances. As covered in our [Temporary workers – Steps to file] section, these steps are essential for a successful claim.

Seasonal workers’ compensation vs part – time workers’ compensation: What are the differences?

Seasonal workers often face unique challenges due to short – term employment. They’re hired during peak seasons and may be less familiar with workplace safety. Their Temporary Total Disability (TTD) benefits are based on earnings during the season. Part – time workers, on the other hand, are generally eligible for proportional benefits similar to full – time employees. As detailed in our [Differences in workers compensation benefits] analysis, these variations are important to note.

Steps for an intern to file a workers’ compensation claim?

Unpaid interns may be eligible if their duties and schedule are controlled by the employer. First, ask supervisors or employers about the workers’ comp policy at the start of the internship. If an injury occurs, report it as soon as possible. Consult a workers’ comp lawyer due to the legal gray area. As described in our [Interns – Claim – filing procedures] section, these steps can help interns navigate the process.