Are Part-Time Employees Eligible for Workers’ Compensation?

It can be incredibly upsetting to not be able to work and to be unsure if you are going to be left without a paycheck. A workers’ compensation attorney at John Foy & Associates can guide you through the claims process. They can provide you with valuable information to use in situations where your employer may be refusing to provide you with your entitled benefits.

What Is a Part-Time Employee?

What constitutes a part-time employee? The Georgia State Board of Workers’ Compensation states that a part-time employee is a person who works for a business regularly. It states that there is no minimum number of hours required to be considered a part-time employee but that the employee must work for the employer on a routine basis. Even if the employees’ schedule is to only work every weekend, this is considered part-time because it is a consistent routine every weekend.

Another type of employee that can take advantage of workers’ compensation benefits includes holiday employees. During certain holidays, some businesses may need to hire additional employees. If this is something the company does on a consistent basis, then any holiday employee would also be considered part-time. Someone who would not be regarded as a part-time employee is one who works one day to fill in, as this is not a regular or consistent schedule.

Why Part-Time Employees Need Workers’ Comp Coverage

You have been injured during a work-related injury. Now what? First and foremost, your attorney must verify that you have initiated the claim properly. To be eligible for any benefits from a workers’ compensation claim, you must have been injured while conducting the duties of your job. Next, you must properly notify your employer and their insurance company.

There are specified time limits in which a person must initiate their claim. For example, in the state of Georgia, the requirement to report your claim to your employer and their insurance company is within 30 days. Once your claim is initiated, you will be assigned a workers’ compensation insurance adjuster. But what if your employer does not want to provide you with these benefits because you are a part-time employee? 

What Are the Georgia Laws Regarding Part-Time Employees and Workers’ Compensation?

An employer may try to explain to you that because you are not a full-time employee, you are not covered under workers’ compensation benefits. This is not necessarily true, and this is where laws and regulations can become confusing. You may need further guidance from a legal professional.

Georgia state law says that all employers with three or more employees, including full-time and part-time, must provide workers’ compensation benefits to their employees. Assuming these employees meet specific criteria, then they must be covered for workers’ compensation. There are a few exceptions where there is no coverage under workers’ compensation.

Here is a list of employment categories that are exempt from workers’ compensation in Georgia. It is particularly important to understand that if your job falls under any one of these descriptions, you are not covered for workers’ compensation.

• Agricultural workers
• Consultants
• Federal employees
• Independent contractors 
• Maids, nannies, and housekeepers 
• Railroad workers
• Temporary workers

If your employment status has any of the jobs listed above, unfortunately, you will have to navigate your claim onto a different path to receive any type of reimbursement. Although you have worked for a company for multiple years, if you are classified in any of these listed categories, you will not be able to submit a worker’s compensation claim. In this instance, it is highly recommended that you seek guidance from an experienced personal injury law firm.

What Are My Part-Time Benefits?

Working in a part-time position for your employer does not mean that you are ineligible for benefits in a workers’ compensation claim. There are several types of benefits that you should be entitled to. 

Medical Benefits

First, you are entitled to medical care and coverage. Once your claim is approved, your medical expenses will be covered by your employer’s workers’ compensation insurance. Keep in mind that this medical coverage is only pertaining to medical costs incurred by you due to your work-related injury. 

Wage Replacement

The second benefit that you will be entitled to is wage replacement benefits. If you are unable to work for more than seven days due to your injury, you will receive a wage replacement. 

In Georgia, these wages are calculated by averaging your weekly paycheck. The workers’ compensation company will take that average and provide you with two-thirds of the total amount. 

For example, if you make around $800 a week, the total payout from workers’ compensation would be around $534. Also, be aware that it does not matter if you are a full-time or a part-time employee, as no one receives their full 100% pay using workers’ compensation benefits.

If My Employer Is Not Providing My Benefits, What Legal Rights Do I Have?

If your employer is refusing to comply with Georgia state laws and regulations regarding part-time workers’ compensation benefits, what should you do? First, be sure to always remain calm and collected when dealing with an employer or insurance company, whether they are collaborating with you smoothly or not.

It is crucial to always keep every claim document organized and to keep a written timeline of your claims process. It is not a bad idea to keep a journal to write down all your claim information, including dates, times, and conversations. You may find that recording this vital information may be very useful in the future. 

Get Help from a Workers’ Compensation Attorney Today

This process can become overwhelming, especially if you are injured and recovering from your work-related injury. At this stage in your claims process, you may need to have legal representation to receive your benefits. At John Foy & Associates, we have a highly trained and experienced legal team to work with you so that you can receive the benefits that you deserve. 

You can rely on our extensive knowledge and passion for our client’s rights to represent you so that you rest easier during your claims process. Please call our office or complete our online contact form for a free, no-obligation case evaluation and consultation. Let us help you get what you rightfully deserve.