There are many workers whose jobs are not able to be remotely done at home during this pandemic, and they continue to work in person. They are deemed essential workers, and that ranges from working in a hospital, to a grocery store, public transportation, food service, and the list goes on. A lot of essential employees are part-time (which constitutes as under 32 hours a week). This begs the question of: do part-time workers receive the same benefits of workers’ compensation as their full-time counterparts if they are injured on the job?

Georgia Law

The answer is yes. Part-time employees are under the same guidelines as full-time employees and are covered by workers’ compensation. However, a part-time worker has to qualify as an employee under the 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.” Whether you are a full-time employee or part-time, your rights are usually the same. Georgia Laws deem it vital that if an employer has more than three employees, which does include part-time workers, they are required to provide workers’ compensation. If the insurance is not provided by the employer, it is considered a misdemeanor crime and will still be responsible to provide the insurance. 

Workers’ Compensation & COVID-19

What happens if you are a part-time (or full-time) worker and you contract the coronavirus? The answer is a bit shaky. If you were infected while on the job as an essential worker, check out our previous posts over the past few weeks: How Workers’ Compensation is Affected by Coronavirus, Filing a Claim for Essential Workers Exposed to COVID-19, Updates on Workers’ Compensation and COVID-19. Continue to check our website or contact us for more updates on workers’ compensation and COVID-19. 

Part-Time Worker Classification & Eligibility

According to the U.S. Bureau of Labor Statistics, part-time work is typically under 35 hours, but it can be different according to each individual employer. It can be 32 hours or less, or less than 30, or even 20 hours. Sometimes, a part-time or seasonal employee can be mistakenly identified as a contractor, which is a category of worker that is not covered by workers’ compensation. It is important to know your classification as an employee and familiarizing yourself with your rights as a worker. Here are some examples of workers who are not covered by workers’ compensation:

• Independent Contractors
• Those with fewer than three employees
• Domestic Servants
• Casual Laborers
• Farm Laborers
• Temporary or Leased Employees
• Railroad Employees

On the job injuries are a serious matter and happen more often than you think. It is important to report the claim immediately after your injury. And now with the coronavirus pandemic, essential workers, including part-time employees, are at risk of contracting the disease simply by being at work. This is an unprecedented situation our nation is facing, and life doesn’t pause during trying times. If you are injured or become ill because of your job, don’t ignore it. Your health and safety are important and you should get the medical benefits, rehabilitation support, and supplemental income YOU deserve. That is where we come in. We will work tirelessly and help guide you through this confusing and difficult process. Don’t let the frustration of your injury or illness, this pandemic, or filing a claim get you down. Poirier Law Firm is here for you.