Most people understand that as a full-time employee for a company, you are eligible for workers’ compensation benefits. But many workers in Georgia are employed either part time or seasonally. Which begs the question, what if you are a part-time worker and sustain an injury while performing your job duties? Are you eligible for the same workers compensation benefits?
Georgia Law
The answer is yes, part-time employees are covered by workers’ comp insurance. But you must be considered an employee by Ga. Code § 34-9-1 definition “every person in the service of another under any contract of hire or apprenticeship, written or implied, except a person whose employment is not in the usual course of the trade, business, occupation or profession of the employer.” Your rights as an employee then are usually the same, whether you are full-time (40 hours per week) or part-time (20 hours or less per week). The laws in Georgia require that if an employer has three or more employees—including part time workers—they must provide coverage for workers’ compensation. If the employer fails to provide this insurance they are guilty of a misdemeanor crime and still responsible for compensable injuries.
Worker Classification
A part-time worker usually means you work 20 hours or less per week, which would be eligible for workers’ comp insurance. However, sometimes a part-time or seasonal worker is mistaken for a contractor, which is a type of worker not covered under workers comp. So, you must know your classification and be familiar with all your rights. In addition to independent contractors, the other types of worker not covered under workers’ comp insurance include:
- Farm laborers
- Domestic servants
- Railroad employees
- Casual laborers
- Independent contractors
- Those with fewer than three employees
- Temporary or leased employees
If you are a part time worker and get injured on the job, report the claim immediately. You need to seek medical care as soon as possible. Consider hiring a workers’ comp attorney to help you through what can be a confusing process. A lawyer will help ensure you get the medical benefits, rehabilitation support, and supplemental income you deserve.