Not all jobs are 9 a.m. to 5 p.m. throughout the year. Many types of employment call for working different shifts on various days of the week. Some positions are based on temporary contracts. Other jobs are seasonal. Many jobs pop up in November and run through January. Others arise in the spring and end by August. When you take on seasonal employment, you face the same health and safety risks as full-time workers – sometimes more if you are given less training and supervision.
If you incur injuries during your temporary, seasonal employment, you should talk with a lawyer about workers’ comp for seasonal employees. When you are hired as an employee and are injured at work, then you typically have the right to pursue workers’ comp benefits.
To learn more about your rights after a work-related injury, contact attorneys Adrienne M. Hines and Victor Kademenos, who are certified Workers’ Compensation Specialists. To schedule a free, initial consultation of your case, contact Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA at (419) 625-7770.
Who is a Seasonal Employee?
Under Ohio’s labor laws, Ohio Revised Code (ORC) 4141.33, “seasonal employment” means employing people primarily to perform services in an industry that has climatic conditions, or in an industry that, due to its seasonal nature, it is normal to operate only during regularly occurring periods of 40 weeks or less within 52 consecutive weeks.
Seasonal employment arises in many ways. Year-round industries may hire seasonal workers during a particular time. Retail is a good example. Stores are open year-round, but during the winter holidays, they often hire many additional workers who typically do not work past January.
Seasonal employment also constitutes positions that only arise during certain times of the year. For instance, farmers may hire seasonal workers when it is time to harvest certain crops. Or, Christmas tree growers may hire seasonal workers to man Christmas tree lots.
Ohio’s Workers’ Compensation Coverage
Ohio law requires that all employers with one or more employees must provide workers’ compensation insurance benefits to their employees. These employees include part-time and seasonal employees.
The important factor is that you are an employee and not an independent contractor. If a business hires you as an independent contractor for seasonal work, you may not be covered by workers’ compensation insurance.
However, if you believe your employer classified you incorrectly as an independent contractor to avoid providing workers’ comp and other employment benefits, then talk with a lawyer right away.
Were You Hurt at Your Seasonal Job?
If you incurred injuries at work, you need to notify your employer of the injury as soon as possible. This is the first step in the workers’ comp claim process. The next step is to file a First Report of Injury (FROI) with the Ohio Bureau of Workers’ Compensation (BWC). You may need to do this, or your employer or a managed care organization can do it for you.
The BWC will open a file, investigate your claim, and either allow or deny your claim for workers’ comp benefits within 28 days. If your claim is approved, you will receive notification of your benefits determination. If it is denied, then you only have 14 days to file an appeal and request a hearing with the Industrial Commission of Ohio.
Do You Have Questions About Workers’ Comp?
When you believe your workers’ comp benefits are incorrect, the BWC wrongly denied your claim, or when your employer is fighting your claim, the best thing to do is seek out help from a skilled attorney. Our Ohio workers’ comp lawyers at Kademenos, Wisehart, Hines, Dolyk & Wright Co. LPA are here to help. Adrienne M. Hines and Victor Kademenos are certified Workers’ Compensation Specialists, and they are prepared to help you. They have decades of combined experience, which can help you navigate a difficult workers’ comp claim.