Do Seasonal Employees Qualify for Workers Comp in IL?

Whether you work as a tour guide for a state park during the summer or are hired to help a local bakery fulfill their holiday orders, seasonal work is a great short-term option for those looking to earn extra money. However, when you end up injured while on the job, you may wonder if you are eligible for workers’ compensation, as you are not a full or even part-time employee. The following blog explores what seasonal employees should know about these matters, including the importance of working with an Illinois workers’ compensation attorney to help you navigate the challenges you may face when filing.

Are Seasonal Employees Eligible for Workers’ Compensation?

While seasonal employees generally only work for a period of a year, such as employees who work in a summer vacation town or a holiday pop-up event, so long as they are deemed employees, they are eligible for workers’ compensation if they are injured while working. This is because Illinois’ workers’ compensation laws cover all employees, whether they are full-time, part-time, or seasonal. However, independent contractors are not eligible for workers’ compensation because they are not technically employees of the company, but rather contracted individuals hired to work in conjunction with the company.

As such, if you sustain an injury on the job, it’s critical to take the necessary steps to protect yourself. Generally, you should immediately report the injury to your manager and seek medical attention. In Illinois, you do not need to see a medical provider approved by your company, so you should seek medical care as soon as possible after your injury. If possible, you should take photos and videos of the accident scene and get witness statements, as this can help impact the outcome of your claim.

What Challenges May a Seasonal Worker Encounter When Filing?

One of the main challenges you may face when filing a workers’ compensation claim as a seasonal employee is being intentionally misclassified as a means of denying your claim. In many instances, you’ll find that though employers are required to carry this insurance, many will dispute reports to avoid facing an increase in their premiums. As such, your employer may deny your claim on the grounds that you are an independent contractor, as these employees are not eligible for workers’ comp. As such, you should keep all contracts and records of your employment.

You’ll also find that you may struggle to accurately calculate your weekly wages because seasonal work often entails inconsistency in hours worked and your compensation. As such, you should keep detailed records of your pay, as this is critical to ensure you can accurately calculate your average weekly wages.

As you can see, the process of fighting for compensation can be difficult for seasonal employees, which is why connecting with an experienced workers’ compensation attorney is critical to fight for the justice you deserve. At the Law Firm of Kevin A. Moore, our team understands how difficult these situations can be, and we are committed to helping you recover the compensation you are entitled to. Contact us today to learn how we can fight for you.