Does Workers’ Compensation Cover Part-Time Workers?
When juggling family responsibilities or college, a part-time job to supplement your income is a viable option for many folks. Unfortunately, working fewer hours doesn’t mean reducing your risk of injury. You could become injured while doing your job duties at any time. Since you are not considered a full-time worker, will you still have access to the same legal protections and benefits full-time employees receive?
Does workers’ compensation cover part-time workers?
In most cases, part-time employees are covered under workers’ comp, but there are a few important things to understand about how the process works and what benefits you’re entitled to.
What Is Workers’ Compensation?
Workers’ compensation claims allow you to get medical care and partial wage replacement if you become injured or ill because of your job. Most states require businesses to carry this coverage, even if they only have a few employees.
For the most part, workers’ compensation laws do not differentiate between full-time and part-time status. However, you must be classified as an employee. That means your employer withholds taxes and gives you a W-2. If this is the case, you are probably eligible for workers’ comp, no matter how many hours you work weekly.
So, you are probably covered if you are performing your job and get hurt during your shift.
State Laws and Business Size Could Matter
While most states include part-time employees in their workers’ compensation requirements, others allow smaller businesses to opt out. For example, in Florida, non-construction businesses are only required to provide coverage if they have four or more employees.
In this case, if you work part-time for a very small company, you may need to see whether your employer is legally required to carry workers’ comp insurance.
Another issue is how states define an “employee.” Most definitions include both full-time and part-time workers as long as the work is being performed under the direction and control of an employer.
Independent Contractors and Gig Workers
If you are a gig worker or independent contractor, you will receive a 1099 form at tax time. But this is where things can get more complicated. Independent contractors are usually not covered by workers’ comp. However, some employers misclassify workers as independent contractors when they should actually be employees, according to the Internal Revenue Service.
If you’re doing the same kind of work as regular employees, using the employer’s tools, and following their schedule, you might be entitled to benefits despite your current classification.
What to Do If You’re Injured on the Job
If you’re a part-time worker and you get hurt while working, don’t think that your benefits will be denied. Here’s what you should do:
- Tell your employer right away: Reporting the injury as soon as possible helps protect your rights.
- Get medical treatment: Many states require you to visit a specific doctor approved by your employer’s insurance.
- File a claim: Your employer should provide you with the necessary paperwork to submit a workers’ comp claim.
- Keep records: Document everything, from your injury, doctor visits, missed work, and any communication with your employer or the insurance company.
The process is the same whether you are full-time or part-time. However, the biggest difference is your wage replacement. This will be based on how much you earn. Since part-time workers usually have lower weekly wages, the weekly benefit amount will be lower. Keep in mind that the medical coverage is the same.
No matter whether you are part-time or full-time, filing a workers’ compensation claim is your legal right.
Employers are not allowed to punish you for taking action to get benefits. That means not cutting your hours, demoting, or firing you because you filed a claim. If that happens, you may have grounds for a separate legal action.
When to Talk to a Lawyer
If your claim is denied, your employer says you are not covered, or you suspect you have been misclassified, it may be time to talk to a workers’ comp lawyer. Even if you only work a few days a week, you still deserve protection if you get hurt on the job.
No matter how many hours you have on the clock, workplace injuries can happen to anyone. Knowing your rights ahead of time can make all the difference when it counts.
At Work Injury Advisor, we have the resources to help you get started in the right direction.
