Workers’ compensation provides crucial benefits when you suffer an injury at your worksite or during the course of performing a job-related task. However, part-time workers are often unsure about their right to these benefits or how to file a claim for WC with their employer.
Many part-time workers have contacted us over the years to ask:
- Can part time employees file a workers’ compensation claim for accidents on the job?
- Can they get medical benefits for injuries on the job?
- Can they be fired if they file for workers’ compensation benefits? What are my rights if I am wrongfully terminated?
In spite of working less hours, part-time employees are entitled to the same protections as full-time workers in the event of a work-related accident or cumulative injury. Knowing your rights and how to navigate the claims process are the key factors to a successful workers’ compensation claim. For more information on filing for workers’ comp when you work part time, contact our office today.
California Law on Workers’ Compensation Laws for Part-Time Employees
Those who work on a part-time basis have the same protections under workers’ comp according to California’s labor laws. So, they are entitled to replacement wages, medical expenses, and other forms of support if they become injured or develop a work-related illness. Unfortunately, part-time workers often miss out on these payments because they are confused about their rights, or they are intentionally misled by the employer, who is looking to save money by denying these benefits to certain employees.
Challenges Faced by Part-Time Workers when They File for Compensation
As we stated previously, your status as a part-time worker does not take away from the fact that you are owed workers’ comp, just like your co-workers who are employed full time. However, part-time employees face greater challenges when it comes to a successful workers’ comp claim. Due to these challenged, payments can be delayed or outright denied, which makes it that much harder for the individual to recover their health and finances.
In the upcoming sections of this article, we will explore the potential barriers that can come up during the claims process and how to overcome these obstacles.
Misunderstanding Your Right to Workers’ Compensation
We mentioned this before, but it’s the single most important factor that can hold people back, as many part-time workers assume that they are not covered by workers’ comp. Due to this lack of understanding, many people fail to notify their employer of the incident, resulting in significant delays or a rejection of the claim altogether.
Resistance by the Employer
Employers may use a part-time worker’s status against them when it comes to a claim for workers’ compensation. For one thing, you are working fewer hours than a full-time employee, so it’s easier for the employer to argue that the injury occurred while you were off the clock. Another tactic used by many employers is to classify the worker as an independent contractor, thereby making you ineligible for workers’ comp. Victims of misclassification may need to file a labor board complaint and/or lawsuit with help from a California employment attorney.
Proving that Your Injury is Related to Your Job
Overall, it’s harder for a part-time worker to prove that an illness or injury is related to their employment. Cases of injuries that develop gradually are the most challenging, like chronic pain and carpel tunnel. That’s why it’s essential that you mention your health issues right away to your employer and attend all scheduled medical visits to prove that your injury is a direct result of your job duties.
Processing Delays with Your Claim
WC claims filed by part-time employees can take longer to process than claims on behalf of full-time workers. Unfortunately, employers are more likely to push back when a part-time worker is injured, and the number of disputes and how long it takes to resolve these issues can add to the amount of time it takes to process a workers’ compensation claim.
Impact on Other Jobs and Gigs
Many people who work part time hold more than one job, und some of these are gigs as independent contractors. Unfortunately, workers’ comp only replaces up to two-thirds of your wages from the job that’s associated with the injury. So, if you are unable to work during the recovery, that leaves a large gap in the income that is normally available to you. It’s easy to see why part-time employees tend to struggle more with financial burdens compared to workers with a full-time job.
Filing a Third Party Lawsuit
A third party lawsuit is a valuable option that may be available to you if the harm you suffered was due to negligence by another party. Delivery workers, for example, often get injured on other people’s property or in car accidents by careless drivers. Workers can also be injured from defective products, like tools, machinery, office equipment, and appliances.
Even if you are approved for workers’ compensation, you can still go ahead with a third party claim. This is particularly important if you have serious injuries that make you eligible for pain and suffering and emotional distress. These damages are not covered by workers’ compensation, but they can be obtained by filing a civil lawsuit against the party at fault. To see if you qualify for a lawsuit in addition to or in place of a workers’ compensation claim, reach out to us at your earliest convenience.
Contact a Lawyer that can Help with a Work Accident Injury Claim
Though employers should be supportive of both full-time and part-time workers who are injured, it’s a sad reality that people working part time are at a disadvantage when it comes to benefits like workers’ comp. Thus, part-time employees must advocate for themselves by asserting their right to a claim and seeking legal advice from a qualified attorney.
Our legal team has decades of experience in the recovery of workers’ comp settlements. We are more than prepared to fight for the compensation you deserve, so don’t hesitate to give us a call. You also have the assurance of knowing that we do not charge upfront, as we operate under the Zero Fee Guarantee. Under this system, we receive payment only if we succeed in bringing you compensation from a successful work injury or illness claim. So, if we fail to resolve the case in your favor, you are not responsible for any legal fees.
To speak to a lawyer with experience in workers ‘compensation cases, contact us to schedule a free case review.
