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Kobal Law

Are Seasonal Workers Entitled To Workers’ Compensation Benefits?


Employers are legally required to provide workers’ compensation insurance to employees as long as the company has four or more employees (in the construction industry, workers’ compensation is required if the employer has at least one employee). But what about seasonal workers?

Workers’ compensation laws for seasonal workers are not the same as for employees. However, just because laws are different does not mean that seasonal workers are not entitled to workers’ compensation benefits in Florida.

If you get injured on the job as a seasonal worker, discuss your particular situation with a Tampa workers’ compensation attorney to determine if you qualify for benefits.

Who is Considered a Seasonal Worker?

In order to understand whether or not you can receive workers’ compensation as a seasonal worker, you need to determine if you meet the definition of a seasonal worker.

If you can answer “yes” to these three questions, you may be considered a seasonal worker:

  1. Do you work in the retail, tourism, or agriculture industries?
  2. Do you start working at the same time every year?
  3. Do employees in the position typically work for a period of no more than six months?

It is advisable to consult with an attorney to determine if you meet the definition of a seasonal worker.

What Are Workers’ Compensation Requirements in Florida?

Workers’ compensation requirements in Florida vary from one industry to another:

  • Employers in the construction industry must provide workers’ compensation insurance if they have at least one employee;
  • Employers in the agriculture industry must purchase workers’ comp insurance if they hire at least 12 seasonal workers (a seasonal worker is someone who works no less than 30 days in a season but a maximum of 45 days in a given year; and
  • Employers in all other industries must provide workers’ compensation insurance if they have at least four employees.

In Florida, employees can receive workers’ compensation benefits as long as they can prove that they were injured in the course and scope of their employment.

What to Do if You Get Injured in a Workplace Accident as a Seasonal Worker

If you get hurt in a work-related accident or develop an occupational disease while working as a seasonal worker, you may be able to seek workers’ compensation benefits that cover your reasonable medical expenses and a portion of your lost wages.

Speak with a knowledgeable attorney if you suffered work-related injuries as a seasonal worker. You need to understand your rights if you are pursuing workers’ compensation benefits as a seasonal worker in Florida.

Your employer may tell you that you cannot receive workers’ comp benefits because you are a seasonal worker. However, it is advisable to consult with an attorney to determine if you have a legal right to seek compensation for your injuries.

Schedule a case review with our Tampa workers’ compensation attorney at Kobal Law to talk about your case. Call 813-873-2440 to get a consultation. Our attorneys will help you understand workers’ compensation laws in Florida and determine if you can obtain compensation as a seasonal worker.

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