Workers’ comp for seasonal employees: What you need to know about your rights

Workers' Compensation - January 13, 2025 by Horwitz, Horwitz & Associates

In Illinois, workers’ comp laws apply to most employees, including many seasonal workers, but the rules and eligibility criteria can sometimes be confusing. In this blog, we’ll explain how workers comp for seasonal employees works, what benefits may be available, and how the skilled Chicago workers’ compensation attorneys with Horwitz, Horwitz & Associates can help you navigate your claim.

Do seasonal employees qualify for workers’ comp in Illinois?

In Illinois, most employers are required to carry workers’ compensation insurance, as mandated by the Illinois Workers’ Compensation Act. This law applies to all employees, including seasonal and part-time workers, as long as they meet the definition of an employee under the Act.

Seasonal employees and independent contractors

One key factor in determining eligibility for workers’ compensation is whether the individual is classified as an employee or an independent contractor. Seasonal employees hired directly by a company are generally covered by workers’ compensation. However, independent contractors—who are often hired for short-term or specialized work—may not qualify unless they can prove they were misclassified.

If you’re unsure of your employment status, consulting an experienced workers’ comp attorney can help clarify your rights.

Common industries employing seasonal workers

Seasonal employees are often hired in industries that experience peaks in demand, including:

• Retail: Holiday shopping seasons require extra sales staff and warehouse workers.
• Agriculture: Planting and harvesting seasons involve temporary farm labor.
• Hospitality: Tourist destinations may employ seasonal workers during busy travel periods.
• Construction: Weather-dependent projects often rely on short-term labor.

These industries have unique risks, such as repetitive strain injuries, falls, and exposure to hazardous conditions, making workers’ comp protections especially important.

What workers’ comp benefits are available for seasonal employees in Illinois?

Seasonal employees who qualify for workers’ compensation in Illinois are entitled to the same benefits as full-time employees. These benefits include the following.

Medical coverage

Workers’ comp covers all reasonable and necessary medical expenses related to your workplace injury. This includes doctor visits, hospital stays, surgeries, medications, and rehabilitation.

Temporary total disability (TTD)

If your injury prevents you from working for a period of time, TTD benefits provide partial wage replacement. These benefits are calculated as two-thirds of your average weekly wage.

Permanent partial disability (PPD) or permanent total disability (PTD)

If your injury results in long-term or permanent impairment, you may be eligible for compensation based on the extent of your disability.

Vocational rehabilitation

If your injury prevents you from returning to your previous job, workers’ comp may cover the cost of job retraining or assistance in finding new employment.

Challenges seasonal employees may face in workers’ comp claims

While seasonal employees are generally entitled to workers’ comp, there are unique challenges that may arise.

Proving employment status

Employers may argue that a seasonal worker is an independent contractor to avoid paying workers’ comp benefits. Gathering employment records and contracts can help establish your status as an employee.

Calculating average weekly wages

Since seasonal work often involves irregular hours or pay, determining your average weekly wage (AWW) for benefits can be more complicated. Illinois law requires a fair assessment of your earnings over the course of your seasonal employment.

Employer disputes

Some employers may challenge whether your injury was truly work-related, especially in industries with inherent risks like agriculture or construction.

At Horwitz, Horwitz & Associates, we have experience addressing these challenges and ensuring that seasonal workers receive the benefits they deserve.

Filing a workers’ comp claim as a seasonal employee

Follow these steps to file a workers’ comp claim in Illinois.

1. Report the injury promptly

Illinois law requires you to report your injury to your employer within 45 days of the incident. Failing to do so could jeopardize your claim.

2. Seek medical treatment

Visit a healthcare provider to document your injury and receive treatment. Be sure to inform the provider that your injury is work-related.

3. File a claim with your employer

Your employer should submit the claim to their workers’ compensation insurance carrier. If they fail to do so, you can file a claim directly with the Illinois Workers’ Compensation Commission (IWCC).

4. Consult an attorney

If your claim is denied or delayed, an experienced workers’ comp attorney can help you gather evidence, appeal the decision, and pursue the benefits you’re entitled to.

Our trusted workers’ advocates will fight for you

Horwitz, Horwitz & Associates has been a trusted advocate for injured workers in Illinois for over a century. We understand the unique challenges faced by seasonal employees in securing workers’ comp benefits. Our team can:

• Investigate your employment status and gather necessary documentation.
• Ensure your average weekly wage (AWW) is accurately calculated.
• File your claim and appeal any denials.
• Negotiate with insurance companies to maximize your benefits.

If you’ve been injured on the job as a seasonal worker, contact Horwitz, Horwitz & Associates for a free consultation. We’ll guide you through the workers’ comp process and fight for the compensation you deserve. Call us today at (800) 985-1819 or visit us online to get started.