Can a part-time employee get workers’ comp?

Feb 26, 2025 | WC & Other Laws

Understanding workers’ compensation for part-time workers

Have you ever wondered whether part-time employees qualify for workers’ compensation in Colorado? It’s a common question, especially for those clocking fewer hours in retail, hospitality, or office jobs. The short answer is yes! Part-time employees are indeed eligible for workers’ comp, making it essential for workers and employers to understand the rights and responsibilities defined under Colorado law.

If you or a loved one was injured at work, call our Denver workers’ compensation lawyers at (303) 780-7329 today.

Eligibility for workers’ compensation in Colorado

In Colorado, workers’ compensation coverage is mandatory for all employees, including part-time, seasonal, and temporary workers. The Colorado Workers’ Compensation Act ensures that injured employees receive prompt medical treatment and compensation for lost wages due to work-related injuries or illnesses. This inclusivity reflects the state’s commitment to worker safety and health, regardless of employment status.

How does it work for part-time employees?

Part-time employees are covered by workers’ compensation in Colorado from their first day of employment. If injured, part-time employees have the same rights to file a claim as their full-time counterparts. The process involves:

  • Reporting the injury to the employer immediately or as soon as possible.
  • Receiving medical evaluation and treatment from a healthcare provider.
  • Filing a workers’ compensation claim to cover medical expenses and part of their wages while they recover.

What kind of benefits do I qualify for?

The benefits received depend on the severity of the injury and the average weekly wage at the time of the injury. Since part-time employees typically work fewer hours, their compensation for lost wages might be less than that of a full-time employee, but it is calculated similarly.

Understanding your eligibility for workers’ compensation benefits is crucial if you’ve suffered a workplace injury. The Colorado Department of Labor and Employment specifies that employees who miss more than three shifts or days of work due to an injury or illness may qualify for temporary disability benefits. These benefits are designed to replace a portion of your wages while you recover, and they are issued every two weeks until terminated per state law.

Types of Temporary Disability Benefits

There are two main types of temporary disability benefits you might be entitled to:

  • Temporary Total Disability (TTD): This benefit applies if you are temporarily but unable to work and earn wages due to your injury.
  • Temporary Partial Disability (TPD): You may qualify for this if you return to work before reaching Maximum Medical Improvement (MMI) under the following conditions:
    • You haven’t been cleared to perform your usual duties, or you return to modified duties.
    • Your working hours or wages are reduced.
    • You earn less than your average weekly wage prior to the injury.

Navigating the aftermath of a work-related injury can be overwhelming. You likely have numerous questions about your rights and the claims process.

At Kaplan Morrell, we understand the complexities of Colorado workers’ compensation laws. Our attorneys are committed to ensuring that your rights are fully protected. With over two decades of dedicated service, we have empowered countless injured workers to secure the benefits they deserve. Don’t let the fear of financial instability prevent you from seeking the compensation you need. Contact us today to discuss your case and safeguard your future.

Challenges faced by part-time employees

Although entitled to benefits, part-time employees may face challenges such as:

  • Unawareness of their rights under workers’ compensation laws.
  • Difficulties in proving that the injury was work-related, especially in jobs with variable hours.
  • Potential reluctance from employers to acknowledge or process claims, fearing increased premiums.

It’s crucial for part-time workers to understand their rights and for employers to uphold their responsibilities without discrimination against their employment status.

Key takeaways for part-time workers

  • Know your rights: Familiarize yourself with Colorado’s workers’ compensation laws. Understanding these can empower you to advocate for yourself if injured on the job.
  • Report promptly: Always report your injury to your employer immediately. Delays can complicate your claim.
  • Document everything: Keep detailed records of your work hours, the incident, and related communications. This documentation can be crucial if there are discrepancies in your claim.
  • Seek legal advice: If you encounter difficulties with your claim or if your employer disputes your right to compensation, consulting with an experienced workers’ compensation attorney can be beneficial.

Injured at work? We can help.

Colorado law ensures that all workers, regardless of their part-time status, are entitled to compensation for injuries sustained on the job. It’s important for part-time workers to be proactive about their rights and for employers to recognize and fulfill their obligations under the law.

For more detailed guidance or to discuss a specific case, consider contacting a professional at Kaplan Morrell who can provide tailored advice and representation.