Workers’ Compensation is designed to pay all “employees” if they get hurt at work. This definition is quite broad and often encompasses many kinds of workers.
As long as they are still considered “employees,” as opposed to “independent contractors,” then both part-time and seasonal workers should still be covered under Workers’ Compensation. If your employer tries to argue that you were not covered because of your employment category, we can often fight them on this basis. However, there is a list of other “employee” types that might not be covered but are often confused with part-time or seasonal workers.
For a free case review, call our Pennsylvania Workers’ Compensation Lawyers at Cardamone Law at (267) 651-7945.
Who is Covered Under Workers’ Comp in Pennsylvania?
We call it “Workers’ Compensation,” but the system actually only covers “employees,” not all “workers.” Technically, the Workers’ Comp Act refers to them as “employes” (with one E at the end), but the word is virtually the same.
This distinction essentially splits off “employees” from “independent contractors,” who are a separate class of workers and are not covered. Most “employees” are covered under Workers’ Comp, including part-time and seasonal employees.
How Do You Tell if You’re an Employee or an Independent Contractor?
Many workers hired seasonally, for a short-term contract, or for part-time work are actually hired as independent contractors instead of employees, so it is important for part-time and seasonal workers to be able to tell the difference.
Employees
An employee is usually someone whose employer tells them how to do their work, where to do it, and when to do it. Employers are typically responsible for training their employees, controlling their hours, and paying them for their work, either hourly or through a salary. The worker also typically works under their own name.
Independent Contractors
Contrast this with independent contractors, who are essentially self-employed. They may hire their services to a company, but they are in charge of their own hours, place, and manner of work the whole time. They also get paid a job, service, or contract price, though hourly labor fees are not uncommon either. They may also work under a company name (e.g., as an LLC) rather than under their own name.
Contractors also often perform different work than the company that hired them. For example, a general contractor hired by a construction firm might do the same work, but an electrician does different work.
Sometimes the key to getting you coverage is having our Pennsylvania Workers’ Comp lawyers argue to the judge that you are an employee and not an independent contractor.
Examples
Trades are often independent contractors, such as plumbers and electricians. Just because a company hired them for a job doesn’t make them an employee of the company.
Many “gig workers” are also treated as independent contractors, even if their employer exerts a lot of control over their job. This is typical of Amazon delivery drivers, rideshare drivers, and food delivery app drivers.
However, these are all different from someone who does the same work as an employee, just on a part-time or seasonal basis. For example, farm workers hired for harvest are “employees” just like the workers watering and tending to crops year-round. The same is true for cashiers who work 20 hours a week versus cashiers who work 40+ hours a week; both are still employees.
Who isn’t Covered Under Workers’ Comp?
As mentioned, independent contractors are not covered. However, there are a few categories of workers who are not covered under Pennsylvania’s Workers’ Compensation system:
Realtors
First, realtors aren’t covered; their job simply doesn’t lend well to coverage, and the Act carves them out.
Federal Workers
Second, federal employees are not covered; they use a different federal system for Workers’ Comp. That includes postal workers, federal courthouse workers, federal law enforcement, etc.
Harbor Workers, Longshoremen, and Merchant Marines
Harbor workers, longshoremen, and merchant marines also use a different system.
Casual Workers
Casual employees are not covered. This could include someone like a cook working for the weekend at a county fair or extra security or janitorial staff hired for one night only at a big concert venue. These workers don’t usually work there, so they are not required to be covered.
This can be tricky to distinguish between a casual worker and a seasonal or part-time worker, as someone asked back for multiple engagements (e.g., a catering waiter) or someone hired for a longer period (e.g., extra security hired for a string of summer concerts) could easily become part-time or seasonal.
Temps
Temporary workers (“temps”) work for their temp agency/staffing agency, not the company that uses them for a limited engagement. This means the staffing agency would usually pay for their Workers’ Comp, not the company they happened to be at when they got injured.
Domestic Workers
If you work as a nanny, a babysitter, a cleaner, or a private chef, or if you mow a neighbor’s lawn, you are not typically going to get Workers’ Comp. This “domestic worker” distinction doesn’t take time or duration into account like “casual employee” does, and it doesn’t make a difference if you are full time (e.g., a nanny every day from 9 to 5), part time (e.g., a nanny every day after school), or seasonal (e.g., a nanny during the summer); you aren’t typically covered under Workers’ Comp.
However, many of these types of jobs are handled through agencies, such as maid and cleaning services. If you work for an agency, they may be required to cover your Workers’ Comp even if the homeowner wouldn’t be.
Calculating Lost Wages for Part-Time and Seasonal Workers
Under Workers’ Comp, you usually get lost wages paid based on your average weekly wage (AWW) before the accident. If you only work part-time, your weekly wage will just be lower than if you worked full-time.
If you work seasonally, you may have a wage of $0 in some weeks and quite a bit more in others. Because of this, the calculation rules are different.
If you work multiple jobs, we can see how your income from other jobs would factor into your lost earnings, given that an injury or disability obtained at one job may keep you from working at your other jobs, too.
Call Our Workers’ Comp Lawyers in Pennsylvania Today
Call (267) 651-7945 for a free case evaluation with Cardamone Law’s Pennsylvania Workers’ Compensation lawyers.
