If you are a business owner in New York State who hires seasonal workers, or if you are a seasonal employee yourself, understanding your rights and responsibilities under New York’s Workers’ Compensation Law is crucial.
Many assume that short-term or temporary jobs do not require the same protections as full-time positions, but that is a misconception that can lead to serious legal and financial consequences.
Here’s what you need to know:
Are Seasonal Workers Covered?
Yes. In New York, seasonal, part-time, and temporary employees are all considered employees under the Workers’ Compensation Law. This means that employers must provide workers’ compensation coverage, even if someone was just hired for a few days. In addition, seasonal workers are entitled to medical care and wage replacement if injured on the job.
What Does Workers’ Compensation Cover?
If a seasonal worker is injured at work, they are entitled to medical treatment such as doctor visits, procedures, and even travel costs for treatment. They are also entitled to lost wages, including temporary or permanent disability payments, and in fatal cases, death benefits.
- Temporary disability benefits: Workers may receive a percentage of their wages if they cannot work temporarily due to the injury.
- Permanent disability benefits: Workers may qualify for additional compensation based on the extent of the disability.
- Fatal cases: A worker’s family may receive funeral expenses and ongoing financial support.
How to File a Workers’ Compensation Claim in New York
If an employee is injured on the job, it is important that the injury is reported immediately, ideally within 30 days of the incident. To avoid forfeiting benefits, injured employees must submit Form C-3 to the New York State Workers’ Compensation Board within two years of the injury.
In addition, injured workers must visit a healthcare provider authorized by the Workers’ Compensation Board in order to receive treatment and provide the necessary medical documentation. This is critical, because failure to present medical records documenting the incident could result in the denial of a claim if there is no evidence of a work-related injury.
Potential Challenges
Seasonal workers often face unique challenges when filing a workers’ compensation claim, including:
- Employment status disputes: Some employers attempt to classify workers as independent contractors, which would make them ineligible for workers’ compensation. But just because an employer classifies workers as independent contractors doesn’t make it so. In many such cases the worker is still entitled to workers’ compensation benefits.
- Responsibility confusion: When staffing agencies place workers with other employers, it can be unclear which business is responsible for providing benefits, often causing delays in the claims process.
- Lack of awareness: Many seasonal workers are unaware of their rights under New York’s Workers’ Compensation Law. As a result, they may delay filing claims, risking denial for late reporting.
Navigating a workers’ compensation claim, especially as a seasonal worker or an employer with short-term staff, can be overwhelming. That is where we come in. At Losi & Gangi, we specialize in providing clients with competent and professional representation for workers’ compensation and personal injury law cases.
Contact us today at 716.854.1446.
Source: https://www.wcb.ny.gov/content/main/Workers/file-claim.jsp
