Temporary and seasonal work is a vital part of Colorado’s economy. Every year, thousands of workers take on short-term positions in industries like agriculture, retail, hospitality, construction, and tourism. Whether it’s harvesting crops, working holiday retail, or staffing Colorado’s famous ski resorts, seasonal employees help meet increased demand during peak periods.
But what happens if you’re injured on the job as a seasonal or temporary worker? Do you have the same rights as full-time, permanent employees? The short answer is yes—you do. However, the process can be more complex, and employers or insurance companies may try to limit or deny your workers’ compensation benefits.
At Kaplan Morrell, we help temporary and seasonal workers across Colorado understand their rights and fight for the benefits they deserve.
What is Seasonal or Temporary Employment?
A seasonal worker is someone hired for a specific, limited period—usually tied to increased demand during certain months or seasons. Examples include:
- Retail workers hired for holiday shopping seasons
- Agricultural workers hired for planting or harvest periods
- Hospitality and ski resort staff working only during peak tourist seasons
- Construction laborers brought on for short-term projects
Seasonal workers are typically employed with the understanding that their role will end once the season or project is over.
Are Seasonal Workers Covered by Workers’ Compensation in Colorado?
Yes. In Colorado, seasonal and temporary workers are fully covered by the state’s Workers’ Compensation Act, provided they meet basic eligibility criteria:
- You must be classified as an employee, not an independent contractor.
- Your injury must arise in the course and scope of your employment.
If you are injured while performing your job duties—whether it’s falling off a ladder, getting hurt by machinery, or suffering a slip and fall—you are entitled to medical benefits and lost wage compensation, just like any other worker.
It doesn’t matter that your job is short-term; the law protects you while you’re on the job.
What Benefits Are Seasonal Workers Entitled To?
In the event of a work-related injury, seasonal employees are typically entitled to the same benefits as full-time workers, including:
- Medical Care: All reasonable and necessary medical expenses are covered, including doctor visits, surgeries, physical therapy, and prescriptions. Mileage to and from medical appointments is often reimbursed as well.
- Temporary Total Disability (TTD): If your injury prevents you from working, you may receive two-thirds of your average weekly wage until you can return to work or reach Maximum Medical Improvement (MMI).
- Permanent Partial Disability (PPD) or Permanent Total Disability (PTD): If your injury causes lasting impairment, you may be entitled to additional compensation.
It’s important to note that while seasonal workers can receive workers’ compensation, they are typically not eligible for unemployment benefits once the season ends, even if the job naturally concludes while they’re still recovering.
Why Seasonal Workers Face Unique Challenges
While the law is clear, the reality is that temporary workers often face more resistance when filing claims. Common challenges include:
- Employers or insurers denying that the injury was truly work-related.
- Claims being rejected based on misunderstandings about seasonal employment status.
- Insurance companies offering lower settlements, assuming temporary workers won’t know their rights or challenge a denial.
These cases can be particularly complex if the worker is undocumented, non-English speaking, or unfamiliar with the workers’ compensation system. Even minor mistakes or missed deadlines can result in denial of benefits.
That’s why it’s essential to have an experienced workers’ compensation attorney advocating for you—someone who knows how to push back against improper denials and ensure your medical care and lost wages are fully protected.
Real-World Examples
Agriculture is one of Colorado’s largest employers of seasonal labor. Farmworkers, who are often hired for specific planting or harvest seasons, are frequently exposed to physically demanding and hazardous conditions.
If a farmworker is injured while harvesting crops—say, by falling off a ladder or being struck by machinery—they are entitled to workers’ compensation benefits under Colorado law. Yet many workers are wrongly told otherwise or are afraid to report injuries due to fears of job loss or immigration concerns.
How Kaplan Morrell Can Help Seasonal Workers
Our team has a proven track record of representing seasonal and temporary workers in Colorado who have been:
- Denied proper medical care
- Underpaid or denied wage replacement benefits
- Pressured by employers not to report injuries
We help injured workers navigate the legal process, file claims, challenge denials, and secure fair settlements. Best of all, our consultations are always free and confidential, and we only get paid if we successfully obtain compensation for you.
