The excitement of starting your summer job faded when you got hurt at work and your workers' comp claim was denied. Your supervisor insists seasonal employees aren't eligible for workers' compensation benefits. Meanwhile, the medical bills are piling up, and you're losing money every day you can't work.
The experienced Virginia temporary employment lawyers at Dulaney, Lauer & Thomas understand the issues seasonal workers face when trying to get the workers' compensation benefits they deserve. We're here to clear up the misconceptions and fight for your rights.
Don't let employer misclassification and insurance company tactics prevent you from getting reimbursed for medical treatment and lost wages. Learn how our aggressive legal representation can help temporary employees with on-the-job injury claims get the compensation they deserve.
Misclassification of Seasonal Employees
Employers often misclassify seasonal staff as independent contractors to avoid paying workers' compensation benefits. However, most temporary employees are legally considered employees for workers' comp purposes, regardless of their job title or employment agreement.
Under the Virginia Workers' Compensation Act, you're likely covered by workers' compensation insurance if you meet these criteria:
- Control. Your employer has the right to direct and control your work, even if they don't exercise that right.
- Payment. You receive regular wages from the employer in exchange for your work.
- Regularity. You perform work that is part of the employer's regular business operations.
Don't let your employer convince you that your seasonal status prevents you from filing a claim. Our experienced workers' compensation attorneys can help gather evidence to prove your legal status as an employee.
Workers' Compensation Coverage Requirements
Employers often assume their general liability insurance covers on-the-job injuries for seasonal workers. However, the law requires most Virginia businesses with more than two employees to carry workers' compensation insurance for all their staff, including temporary and seasonal employees.
If your employer failed to provide legally required workers' compensation coverage, you might have additional legal options beyond a standard claim, such as a personal injury lawsuit. Our knowledgeable legal team can help you understand your rights and take appropriate action against a noncompliant employer.
Special Considerations for Young Workers
Many seasonal jobs, like lifeguarding, camp counseling, and amusement park positions, are filled by high school and college students. These young workers are especially vulnerable to employers who exploit their inexperience with the workers' compensation system.
If you're a minor who suffered a job-related injury, don't let your employer convince you that your age disqualifies you from receiving workers' compensation benefits. Virginia law extends coverage to workers of all ages. Our compassionate attorneys understand these challenges and can guide you through the claims process.
Employer and Insurance Company Defense Tactics
When a temporary employee files a workers' compensation claim, employers and insurance companies often use a variety of tactics to minimize or deny benefits, such as:
- Disputing the severity of your injuries. The insurance company may require an "independent" medical exam with a doctor they choose, hoping to get a report that minimizes your injuries.
- Blaming your injury on a preexisting condition. If you have any history of prior injuries or medical treatment, the insurance company may argue that your current symptoms aren't related to your work duties.
- Suggesting your injury occurred outside of work. Your employer may question whether your condition is work-related, especially for repetitive strain injuries or gradually developing occupational illnesses.
- Offering a lowball settlement. The insurance company may pressure you to accept a quick settlement for far less than your claim is worth, hoping you'll give up your rights without understanding the full value of your case.
Our seasoned workers' comp attorneys have seen all these tactics before and know how to fight back. We can help you gather evidence to support your claim, negotiate with the insurance company, and appeal a denial or unfair settlement offer if needed.
Protecting Your Rights as a Seasonal Employee
As a temporary worker, you have the same fundamental right to workers' compensation benefits as any other employee. If you've been injured on the job, take these steps to protect your rights:
- Report your injury to your employer immediately.
- Request medical treatment and follow your doctor's recommendations.
- Keep detailed records of your accident, injuries, and medical care.
- Don't accept a settlement offer without consulting a workers' comp attorney.
- Contact a Virginia temporary employment lawyer to discuss your legal options.
At Dulaney, Lauer & Thomas, we've helped countless seasonal workers get workers' compensation benefits to cover medical expenses and lost wages after an on-the-job injury. Don't let your employer or their insurance company take advantage of you.