Seasonal employment is a huge part of the American economy. A wide range of industries—from retail to agriculture to tourism—rely on the contributions of seasonal workers. The United States Department of Labor (DOL) emphasizes that the Fair Labor Standards Act (FLSA) applies to seasonal workers. You may be wondering: Are seasonal workers covered by workers’ compensation? In California, the answer is an unequivocal “yes.” Within this article, our Fresno workers’ compensation attorneyexplains the key things seasonal employees need to know about their rights under California law.
In most U.S. states, seasonal employees that work a limited number of hours are not guaranteed workers’ compensation insurance coverage. However, California has some of the strongest and most comprehensive workers’ compensation laws in the entire country. Seasonal workers in California are covered by workers’ comp insurance. Indeed, seasonal workers in California generally have the same rights as long-term, full-time employees.
Dealing with a work injury can be stressful and confusing. It is especially hard for a seasonal employee who is new to their job and does expect to remain there for a long period of time. You need to know how to protect your rights and interests. Here are four key steps to take if you are injured on the job as a seasonal employee in the San Joaquin Valley of California:
- Get Medical Care: Medical needs always come first. You should get immediate medical attention for any injuries related to seasonal employment. California law requires employers to pre-authorize up to $10,000 in medical care. See a doctor.
- Notify Your Employer: Work accidents must be reported to your employer. You need to notify your supervisor right away. If you are a seasonal employee who fails to report your accident within 30 days, you may be denied workers’ comp benefits.
- File for Workers’ Comp Benefits: Reporting your work injury is different from filing for benefits. You still need to complete and submit the required workers’ comp claims forms. Do not hesitate to seek professional help.
- Challenge a Denial: Was your workers’ comp claim denied because you are a seasonal employee or for other reasons? You still have options available. California workers have the right to appeal a workers’ comp denial. A Fresno, CA workers’ comp attorney can help.
Joseph C. Yrulegui is an experienced, solutions-oriented work injury attorney. If you are a seasonal worker who was hurt on the job, we are more than ready to help. Contact our legal team to schedule a confidential, no-commitment legal consultation. Attorney Yrulegui represents injured workers throughout the area, including Fresno, Madera, Clovis, Easton, Flower, and Sanger.