October 20, 2020 - 12:57 pm
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With the drastic changes that have accompanied the COVID-19 pandemic, you may find yourself now classified as part-time when you were previously a full-time employee. Although your main concern is likely the impact this has on your pay, you should also consider how this change in job classification could affect your workers’ compensation eligibility. Each state has differing laws and regulations when it comes to part-time workers’ compensation rights. If you are a part-time or seasonal employee in Georgia, it is essential that you understand under what circumstances you can receive compensation in case of a workplace injury. 

Georgia Part-Time Workers’ Comp

Thankfully, Georgia covers part-time employees under workers’ compensation. That means if you have been moved from full-time to part-time during the pandemic period, the rights that protect your safety and well being at your workplace are not compromised. In Georgia, if an employer has more than 3 employees, full-time or part-time, they are required to have workers’ compensation insurance. However, it is important to note that in order to receive workers’ compensation, you must be classified as an employee, not a contractor. Georgia defines an employee in Ga. Code § 34-9-1 as “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.” Regardless of the amount of hours you work on a weekly basis, if you are classified as an employee under this Georgia law and are injured on-the-job, you have a right to workers’ compensation benefits. 

Worker Classification

There are several part-time jobs that might not seem like they are covered under workers’ compensation but are in the state of Georgia. Anything from a department store associate to a restaurant hostess is considered eligible for workers compensation. There is a significant difference though, between a part-time worker and a contractor. As a contractor, you are not considered an employee so you often waive your rights to many employee benefits including workers’ compensation. If you are unsure of your classification, you should consult with your company/employer as soon as possible to understand your rights in the event that you suffer from a work-related injury or accident. 

If you are a part-time employee and are not receiving the workers’ compensation protections or benefits you are entitled to, contact Poirier Law Firm today. We will work with you to determine your worker classification and fight to ensure that you receive the benefits, healthcare, and compensation you deserve as an injured worker.

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