Can Seasonal and Temporary Employees Get Workers' Compensation in Georgia?

In Georgia, seasonal and temporary employees have the same right to workers’ compensation as permanent and full-time employees. As long as you are on the company’s payroll, you are an employee, and workers’ compensation will pay for your injuries.

A workers’ compensation lawyer can answer any more questions you have about temporary and seasonal employee workers’ comp claims.

What Are Common Examples of Temporary or Seasonal Employment?

Temporary and seasonal employees are hired for a short period to perform jobs or provide extra hands during the busy season, typically for a few months at most. Common examples of seasonal or temporary employment in Georgia include:

• Retail employees
• Restaurant staff
• Construction workers
• Camp counselors
• Event staff
• Theme park workers
• Pool lifeguards
• Tourism services
• Agricultural work
• Delivery services

Should a Temporary Worker Report Their Injury to the Business or the Staffing Company?

Many temporary employees work for a staffing agency that is responsible for providing workers’ compensation, even if the temporary employee is working at a client’s location. Temp workers injured on the job should report their injuries to both their staffing company and host business. Both parties are responsible for maintaining temporary employees’ safety and will need to know about the injury for insurance purposes.

Seasonal workers hired directly by a company, however, should tell their supervisor directly. The workers’ compensation process for seasonal workers is the same as for regular non-seasonal workers because they are both employees of the company.

What Is the Process a Seasonal or Temporary Worker Should Follow to File a Workers’ Comp Claim?

Below is a quick guide to the process of filing a workers’ compensation claim.

• First, report your injury to your employer as soon as possible.
• Next, get medical treatment from an authorized physician. You’ll need copies of your documentation when you file a claim.
• Contact a workers’ compensation attorney. They can help you gather evidence and meet submission deadlines.
• Complete form WC-14 and submit it to the State Board of Workers’ Compensation. You should also send a copy of this form to your employer and their insurance company.
• Your employer’s company should notify you within 21 days whether they have approved or denied your claim.
• If they deny your claim, you can request a hearing with the State Board of Workers’ Compensation to review the decision.
• When receiving benefits, you must stick to your treatment plan and return to work when your physician deems you eligible.

How Long Do You Have to File a Georgia Workers’ Compensation Claim?

As a general rule, you must report your injury to your employer within 30 days. If you wait longer than 30 days, you can lose your right to receive workers’ comp benefits. Once you notify your employer of your injury, you have one year to file a claim with the State Board of Workers’ Compensation. If your condition changes significantly after you have stopped receiving benefits, you have two years to file for additional benefits.

What Sort of Benefits Could You Receive from Georgia Workers’ Compensation?

Your workers’ compensation benefits claim in Georgia could result in the following types of benefits:

• Medical Bills. Workers’ compensation will pay for the reasonable cost of emergency and ongoing medical treatment for work injuries.
• Income Replacement. Workers’ compensation will pay up to two-thirds of your average weekly wage up to a monthly limit when you’re completely off work, or two-thirds of the difference between your average weekly wage and your current wage, if you take a reduced position during recovery.
• Permanent Disability. If you have a permanent disability, you can receive weekly benefits based on the nature and severity of the injury.
• Funeral and Death Benefits. Workers’ compensation will also cover funeral costs and pay surviving family members a death benefit if you die from a work injury.
• Vocational Retraining. Depending on your injuries, workers’ compensation may cover the cost of retraining or education if you need to switch jobs or careers.

Does Georgia Workers’ Compensation Cover Pain and Suffering?

No, workers’ compensation in Georgia does not pay for pain and suffering. Workers’ compensation is an exclusive remedy in Georgia. In exchange for no-fault coverage that pays for an employee’s injuries regardless of who was at fault, the injured worker cannot sue the employer in most cases.

However, you may be able to sue your employer if they intentionally harmed you. You may also be able to file a third-party lawsuit against negligent third parties who are not your employer. In these types of lawsuits, you can pursue compensation beyond that available through workers’ comp, including money for pain and suffering, the full value of your lost wages, damaged property repair or replacement, and loss of enjoyment of life.

Can It Be Difficult for a Seasonal or Temporary Worker to Collect Georgia Workers’ Comp Benefits?

Seasonal and temporary workers are entitled to workers’ compensation benefits, but that doesn’t mean they are necessarily easy to get. Seasonal and temp workers might face difficulties receiving benefits for a number of reasons. First, it may be hard to prove that your injuries occurred at work, given the temporary or intermittent nature of the job.

Second, employers might try to classify seasonal employees as independent contractors to avoid providing workers’ compensation. Fortunately, Georgia has strict laws about what counts as an employee. As long as the employer has a certain level of control over their work duties, seasonal and temp workers count as employees, regardless of whether the employer classifies them as independent contractors.

Contact a Georgia Workers’ Compensation Lawyer

Regardless of the type of employee you are, in most cases, you are entitled to workers’ compensation benefits if you are injured on the job. Attorney R. Alan Cleveland has recovered millions for injured workers across several industries in Athens and Georgia. We can help you file a claim and pursue the benefits you need to support you and your family.

Contact R. Alan Cleveland, LLC, online, or reach out by phone today to speak to a workers’ compensation attorney in Georgia.