Can You Be Denied Workers Compensation If You are Part Time?

Across the United States, laws govern the required implementation of Workers’ Compensation Insurance by employers. An employer must have this type of insurance for both full and part-time employees. There are, of course, exceptions and exemptions. In fact, there are certain instances where can you be denied workers comp if you are a part-time worker.

Workers Compensation

Workers Compensation is a way to ensure a worker is duly provided for in case of an accident at work. It is a means of reimbursing him or her for whatever misfortune occurs on the job. Injuries can include something as difficult to prove as carpal tunnel syndrome (CTS) or as obvious as a broken or strained limb. Workers’ Comp is controlled by the state. Each state has its own regulations. Each state implements its specific guidelines as to who can and cannot receive benefits from the program.

Basic Requirements

Workers’ Compensation is available to both part and full time employees if the injury is job-related. Each state determines the procedure involved in receiving Workers’ Comp. In the instance of part time workers, this can vary. Part-time workers in Illinois can apply and receive Workers’ Compensation if the employer has even one employee. In Florida, unless it is in construction, a part-time employee must be part of a minimum of a staff of 4. Construction employers can have only 1 employee before it is necessary to obtain Workers’ Compensation. In Florida, as well, a farmer need only get Workers’ Comp if he has seasonal workers for more than 30 days and they number 5 regular and/or 12 other.

If you are a part-time worker in Georgia, you may be denied Workers’ Compensation if you are in any of the following types of employment:

Domestics
Agricultural workers
Railway workers

The rules differ for these groups than for other forms of employment. In Georgia, a regular employer must have Workers’ Compensation if he or she has a minimum of 3 employees. In California, the number of required workers is one.

Other Factors

Other factors may affect whether or not you are eligible for Workers’ Compensation. These include number of hours worked and whether this part-time job is your sole form of employment. The local Workers’ Compensation Board will also have specific regulations in place to govern your eligibility – including what injuries are acceptable, proof of job occurrence and similar issues.

Talk To A Lawyer

The complications of the system and the variations from state-to-state require the expertise of a Workers’ compensation attorney. Talk to one to find out your eligibility.

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