Sadly we encountered another example where the workers’ compensation insurance carrier refused to help injured school district workers. Greeley’s School District Six, like other Colorado School Districts, employs many workers on a nine-month basis. Sometimes those workers also work with the school during the summer. When those workers have restrictions while treating for their work injury – the law provides that the insurance company pay two-third of the lost wages.
Unfortunately the insurance carrier for Greeley School District Six refuses to pay lost wages to disabled workers during the summer months when they are unable to locate other work as a result of their injuries. Every summer before his injury – our client picked up extra work with the school district. After his injury – when he was unable to perform his regular job – the School District did not offer him work over the summer. Despite this – District Six’s insurance carrier refused to pay temporary disability (TTD) benefits.
This worker hired Kaplan Morrell and we took the matter in front of an Administrative Law Judge who ordered payment of benefits during the summer months. The Administrative Law Judge stated, “seasonal employment is a common fact of economic life” and “the conclusion of a particular period of seasonal employment should not automatically be viewed as the permanent end to the employment relationship or evidence of the claimant’s voluntary decision to become unemployed.” The end of seasonal employment “is best viewed as resulting from the unavailability of further work.”
If you are a seasonal employee and are injured on the job – you are entitled to lost wage benefits at the end of the assignment so long as you are still treating for your work injury and have restrictions.
Your best chance of getting the benefits you deserve is to hire an experienced attorney.
Kaplan Morrell’s attorneys have over thirty years of combined experience helping injured workers in Colorado. Click HERE, or Call us at Kaplan Morrell at 303-780-7329 for your FREE CONSULTATION.
