Workers’ Compensation And Summer Seasonal Work: What To Know


summer seasonal staff eligible for workers comp
Our Florida workers comp attorneys explain how workers’ compensation comes into play with summer seasonal employees injured on-the-job.

 

Employers in the state of Florida must adhere to a variety of workers’ compensation laws. For example, there are different laws for temporary and seasonal workers, and while that may be true, it doesn’t mean that these individuals don’t qualify for workers comp benefits if injured on-the-job. Our experienced Florida work injury lawyers explain more below.

Are you a seasonal employee eligible for workers comp?

This is the first question to answer. Start by addressing the following:

  • Do workers in your position generally work for six months or less during the year? For example, summer seasonal workers only work during the summer months. 
  • Do you start your employment at the same time every year? As a summer worker, for instance, your employment may always start on June 20th.

In Florida, summer seasonal workers are most common in these industries:

  • Tourism
  • Agriculture
  • Retail 

So, if you answered yes to the two questions above — and you also work in one of these industries — there’s a very good chance that you’re a seasonal worker.

What are the workers comp requirements for seasonal employees?

As an employee, the only thing that matters to you is knowing that you’re covered by workers’ compensation insurance. However, requirements vary from industry to industry, so you need to know where you fit in.

Here are the three categories along with the associated workers’ compensation requirements:

  • Construction companies with one or more employees must carry workers’ compensation insurance.
  • Non-construction companies with four or more employees must carry workers’ compensation insurance.
  • Agriculture companies that have at least 12 seasonal workers must carry workers’ compensation insurance. A seasonal worker is defined as someone who works a minimum of 30 days in a single season, but no more than 45 days in a year.

Exceptions to workers comp coverage for seasonal employees

In Florida, all employees qualify for workers’ compensation coverage if they meet the requirements regarding a workplace illness or injury. 

However, some details can get in the way, such as those outlined in the section above and the use of subcontractors. 

For example, if a company uses subcontractors to complete a project, the subcontractor must carry their own workers’ compensation insurance. 

As a worker, it’s important to know where your workers’ compensation coverage comes from. If you’re working for a contractor — as opposed to directly for the employer — they will cover you in the event of a workplace injury or illness.

Injured on-the-job as a seasonal worker?

With so many rules, regulations, and laws — coupled with the fact that these often change — it’s challenging to understand your legal rights as a summer seasonal worker.

If you’re injured on the job and your employer informs you that you don’t qualify for workers’ compensation, it’s time to learn more about your legal rights.

At Sternberg / Forsythe, PA, we are in the business of helping injured workers receive the compensation they deserve. Contact us online or via phone at 561-529-9569 for answers to all your questions and to set up a free initial consultation. 

Last Updated: 15 June, 2021

Category: Florida Work Injury Attorney

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