As a temporary or seasonal worker, you may wonder whether you have the same benefits and rights awarded to permanent employees. Understanding what benefits you have, such as workers’ compensation, can help you determine how to proceed after workplace issues.
Does workers’ comp apply to temporary employees? A workplace injury lawyer can explain your coverage. Learn more below, then contact a workers’ compensation attorney in New York for assistance.
What Is Workers’ Compensation?
Workers’ compensation is a type of insurance offered to employees who are injured on the job. It pays for medical expenses, time off work, and related costs.
New York requires the majority of employers to offer workers’ compensation coverage to their employees. Some industries use workers’ comp benefits more frequently than others; for example, the service, transportation, and production industries had the highest rate of injuries and illnesses between 2021 and 2022, according to the BLS.
Altogether, private industry employers reported 2.6 million workplace injuries and illnesses in 2023. Healthcare and social assistance had the highest number of total recordable injuries and illnesses that year.
If you were injured at work, regardless of the industry, having access to workers’ compensation benefits can be extremely helpful as you recover from your injuries and begin to move forward.
Does Workers’ Compensation Apply to Seasonal and Temporary Workers in New York?
If you were hired as a seasonal or temporary worker, does workers’ compensation apply to you the same way it applies to full-time employees? The answer is, generally, yes. Employers are responsible for providing these benefits to all of their employees, regardless of the duration of their employment.
However, there are a few exceptions to this rule. To start, these types of businesses are typically not required to provide workers’ compensation benefits:
- Sole proprietorships without employees
- Partnerships without employees other than the partners
- One- or two-person corporations with no other employees
- Certain nonprofit entities under IRS rules
Additionally, certain employees are exempt from workers’ comp rules:
- Independent contractors who are not, by definition, “employees”
- Certain agricultural workers
- Some unpaid volunteers
If you are an employee, your employer should provide workers’ compensation benefits. If they have not, contact an workers’ comp lawyer to explore your options.
How To Determine Whether You Have Workers’ Compensation Benefits
If you are a seasonal or temporary worker, the rights afforded to you under New York employment law may seem confusing. It won’t hurt to talk to a workers’ comp attorney about your rights based on your employment status.
Your work-related injury lawyer can help you review any contracts or documentation from your employer to determine your exact employment status. They can compare these documents to New York’s workers’ compensation law to determine whether your employer is legally obligated to provide these benefits.
Your workplace injury lawyer can also help you communicate with your employer about your injury and need for workers’ compensation. They will document all communications to use as evidence if your employer refuses to cooperate or denies you benefits that are protected by New York law.
What If Your Employer Claims You Are an Independent Contractor?
Seasonal and temporary workers often have less comprehensive employment contracts than full-time or permanent workers. Your actual employment status may not have been stated in your hiring documentation, and now your employer is claiming that you are an independent contractor and do not have any benefits.
Misclassification of employment is a common problem faced by temporary workers. However, you can only be classified as an independent contractor if you are self-employed and providing your services to an employer on a contractual basis. An employer has no right to control how an independent contractor does their job, only the final result.
Other signs that you may be an employee, not an independent contractor, include:
- You use employer-provided equipment.
- You receive an hourly wage and payroll deductions.
- You perform work that is central to the business’s operations.
- Your employer dictates your schedule.
- You are tied to a single employer rather than having the opportunity to work for multiple clients.
- Your employer can terminate your employment at will.
If an employer is treating you like an employee, you should have the benefits awarded to employees. A workers’ comp. attorney can help you fight for your right to workers’ compensation and other benefits.
What If You Become Injured on the Job Without Workers’ Comp?
If you are truly an independent contractor and do not have access to workers’ compensation benefits, you may need to put your medical expenses on your own health insurance rather than relying on your employer to cover them. You also likely will not have PTO or other ways of making up for your lost wages during your period of absence.
In either case, don’t hesitate to seek the medical treatment you need. Request documentation from your medical provider that clearly describes your injuries and the necessary treatments. Also, notify your employer of your injuries and keep a log of your symptoms and pain levels. This will provide you with evidence should you need to seek compensation or reimbursement from your employer in the future.
It doesn’t hurt to ask your employer whether they would be willing to provide paid leave while you recover from a work-related injury. A lawyer for workplace injuries can help you navigate this conversation.
A workers’ compensation attorney in New York can help you explore any other avenues for seeking compensation. For example, if your employer was directly liable for your injury, you may have the opportunity to pursue a lawsuit against them. If a third party was negligent, you can consider pursuing legal action against that party with a workplace injury lawyer.
Consult Our Workers’ Compensation Lawyers in New York for Assistance
Becoming injured as a temporary or seasonal worker may feel overwhelming. You may be unsure of your rights and benefits in this position. A workers’ comp. lawyer can help you navigate the workers’ compensation process and uphold your rights under state and federal employment law.
At Pyrros, Serres & Rupwani, we represent injured workers in NYC and throughout New york State. Let us help you pursue workers’ compensation benefits and alleviate the burden of this process, allowing you to focus on recovery.
Contact us today at 718-626-7730 for a free consultation with our workplace injury lawyers. Then, learn about the connection between workers’ compensation and pre-existing conditions.
Frequently Asked Questions
Are temporary employees eligible for benefits in New York?
Temporary employees are generally eligible for the same workers’ compensation benefits as permanent employees in New York. If your employer is refusing to provide benefits, such as workers’ compensation or paid time off, work with an employment attorney to understand your rights under New York law.
Who is exempt from workers’ compensation in NY?
Independent contractors are the main type of workers who are exempt from workers’ compensation law in New York. These laws also generally do not apply to businesses with no employees. Otherwise, employers must offer workers’ compensation to all of their employees.
What if your employer misclassified you as an independent contractor?
If your employer misclassified you as an independent contractor instead of an employee, document all communications with them and provide evidence of why you should be considered an employee under New York law. If they refuse to budge, a workers’ comp. lawyer can help you hold your employer accountable by providing further evidence and taking legal action.
