Can You File for Workers Compensation if You Work Part Time?

For some reason, many of our clients are under the impression that you can only collect workers compensation benefits if you work full time. Some people even think that you must be a salaried employee to qualify for workers compensation. The truth is, regardless of what state you live in, you can apply for workers compensation whether you’re full time or part time. 

Of course, your weekly benefits will be much lower if you’re a part time employee. But that doesn’t mean that your medical care won’t be covered. Our Coral Springs workers comp lawyers meet with clients every week who worked part time. As long as you meet the general requirements for workers compensation, there’s no good reason why your claim should be denied.

Here, we will discuss how workers compensation applies to part time employees. We will also highlight the legal differences between an employee and someone who is only a casual or seasonal worker. Finally, we will briefly explain what benefits you’re entitled to if your workers compensation claim is approved. If you still have questions about your own workers compensation claim, simply contact our office directly. You’re welcome to take advantage of your free, initial consultation at any time. You can schedule this initial appointment by phone or through our website.

Your Coral Springs Workers Comp Lawyer Must Prove You’re Technically an Employee

The first thing your Coral Springs workers comp lawyer must do is confirm that you’re an actual employee. This may not make a lot of sense to you. All you know is that you go to work when you’re scheduled, clock in, and leave when your shift is over. What we mean by whether you’re technically an employee is that some workers are classified as non-employees for insurance purposes.

For example, if you were hired specifically for seasonal help, you’re not entitled to workers compensation at all. The same is true if you’re a casual employee who is only called in every now and then when there’s a specific project needed to be done. As long as you’re a regular part time employee, there’s no legal reason why you shouldn’t be able to collect workers compensation benefits.

Being a Part Time Worker Isn’t an Issue

Some clients can’t understand that being part time has nothing to do with whether you should qualify for workers comp. What’s important is whether you meet the eligibility criteria. What your Coral Springs workers comp lawyer must prove is that you meet the following requirements:

  • your accident must take place on company property and on company time
  • you must report your accident and injuries to your manager or human resources immediately
  • you must not be under the influence of drugs or alcohol at the time of your incident
  • you must agree to be treated by a state- approved workers compensation physician
  • you must participate in your treatment plan
  • you cannot work another job while you are collecting workers compensation benefits

If you believe you meet these criteria, then there’s a good chance your Florida workers compensation lawyer will be able to get your claim approved.

Florida workers compensation lawyer

Your Florida Workers Compensation Lawyer Needs to Know if You Were Hired for Seasonal Work

One of the first things your Coral Springs workers comp lawyer will ask you is whether you are a seasonal hire. For example, if you work in the retail sector, you may have been specifically hired during the holiday season. Another example would be somebody who was hired to work at a florist shop during the busy wedding season. If this is the case, you are not eligible for workers compensation benefits.

If you aren’t sure whether you’re a seasonal or casual employee, just let your Florida workers compensation lawyer know. They can reach out to your employer and ask for confirmation of your employment status. They can also look at your job application and job offer letter if they are available. These papers should help determine whether you are an actual employee or just a seasonal worker.

You Would Receive the Same Benefits as Any Other Worker

If your workers compensation claim is approved, you’ll be entitled to the same benefits as any other worker. The two main types of benefits include medical coverage and weekly replacement wages. Under workers compensation, you are entitled to have any medical care related to your workplace accident covered by your employer or their insurance company. Secondly, you are entitled to receive weekly benefits for as long as you are out on workers comp. 

These weekly benefits will be equal to 2/3 of your average weekly wages. Since you work part time, your weekly benefits may be very low. For example, if you normally only earn between $150 and $200.00 per week, your weekly benefits will be no more than $132. This may not sound like a lot, but since your workers comp benefits are not taxed, it should be almost the same as what you would have earned had you not been injured in the first place.

Don’t Wait Too Long to Meet with a Seasoned Coral Springs Workers Comp Lawyer

One mistake a lot of workers do is they wait too long before they meet with a Coral Springs workers comp lawyer. By the time they come to see us, there’s a good chance that their claim has already been denied. This doesn’t mean that we can’t still help these clients. 

However, it’s in your best interest to hire a Florida workers compensation lawyer sooner rather than later. This way, they can help file your initial claim. This way, you’ll also know your claim will be handled properly from the start. It reduces the chances that your employer or their insurance company will try to take advantage of you.

We suggest that you call our office as soon as possible after your workplace accident. Even if you’re part-time, you should still be entitled to workers compensation benefits. Our associates can make sure this happens. Since we offer new clients a free, initial consultation, you have nothing to lose and everything to gain. This is especially true given the fact that you don’t have to pay us anything upfront.