In Colorado, a “seasonal worker” refers to an employee who is hired on a temporary basis to perform work that is typically tied to a specific season or time period. This type of employment is common in agriculture, tourism, and retail industries, particularly during peak seasons like harvest time, holidays, or summer vacation periods.
Despite their temporary status, seasonal workers in Colorado are covered by the state’s labor laws, including minimum wage, overtime, and workers’ compensation regulations, similar to permanent employees.
Keep reading to learn the ins and outs of workers’ comp for seasonal employees. Call our Denver workers’ compensation attorneys at (303) 780-7329 if you or a loved one were hurt on the job.
Eligibility for workers’ comp: Seasonal workers’ rights in Colorado
According to the Colorado Workers’ Compensation Act, seasonal employees are entitled to the same workers’ compensation benefits as their full-time or part-time counterparts. This includes medical benefits, wage loss compensation, and disability benefits, should they get injured during employment.
| Did you know seasonal employees are 50% more likely to be injured on the job than year-round employees? |
How workers’ comp works for seasonal employees
Filing a claim
Seasonal employees must immediately report any work-related injury to their employer to initiate a workers’ comp claim. Colorado law requires employers to report the injury to their insurance carrier within a specific timeframe, typically within four days. Failure to report timely can result in penalties and delayed benefits.
Medical benefits
When seasonal employees are injured, they are entitled to necessary and reasonable medical treatment. The costs for these medical expenses are covered by the employer’s workers’ compensation insurance, ensuring that the injured worker does not face out-of-pocket expenses for their treatment.
Wage replacement benefits
If a seasonal worker cannot work due to a job-related injury, they may qualify for wage replacement benefits. These benefits are calculated based on a portion of the employee’s average weekly wage during their employment period.
Challenges faced by seasonal workers
Despite the coverage provisions, seasonal employees may face specific challenges in claiming workers’ comp benefits:
- Short employment duration: The transient nature of seasonal jobs can complicate the calculation of wage replacement benefits and may affect the continuity of care if the employment ends.
- Varied schedules: Fluctuating work hours can make establishing a clear average weekly wage challenging, which is crucial for determining compensation rates.
- Lack of awareness: Seasonal workers might not be aware of their rights under workers’ compensation laws, leading to underreporting of injuries and unclaimed benefits.
Ensuring protection for seasonal workers
Seasonal workers can take several steps to ensure they are protected under workers’ comp:
- Immediate reporting: Report any injury to the employer right away, regardless of the perceived severity.
- Understand your rights: Familiarize yourself with the workers’ compensation benefits you are entitled to as a seasonal employee.
- Seek legal assistance: Consulting with a knowledgeable workers’ compensation attorney can provide clarity and guidance, particularly in navigating complex claims or if facing resistance from employers or insurers.
Injured at work? Let us be your advocates.
At Kaplan Morrell, we have a proven track record of advocating for the rights of injured workers across all types of employment. If you are a seasonal worker and need help with your workers’ compensation claim, contact us today to ensure your rights are fully protected and you receive the benefits you deserve.
