Are Seasonal Workers Eligible for Workers’ Compensation in Vermont?
Seasonal workers work in companies or organizations during certain times of the year to meet the company’s or organization’s temporary needs. Businesses, such as ski resorts, that only open during part of each year are examples of businesses that hire seasonal employees. Seasonal workers are also essential to businesses that need extra workers during peak seasons.
Like year-round workers, seasonal workers can suffer work-related injuries. You probably know that Vermont employers must provide workers’ compensation to employees who suffer on-the-job injuries. But what you may be unsure about is whether the Vermont workers’ compensation system covers seasonal workers. So, are seasonal workers eligible for workers’ compensation in Vermont? Read on to learn the answer to this question.
Can a Seasonal Worker Recover Workers’ Compensation Benefits in Vermont?
Under Vermont’s workers’ compensation law, both year-round and seasonal employees are eligible for workers’ compensation benefits after suffering work-related injuries. So the answer to the above question is yes, a seasonal worker can recover workers’ compensation benefits in Vermont. And this is true regardless of whether you did something that contributed to your injury. The workers’ compensation system’s no-fault part applies to year-round and seasonal employees.
Independent Contractors Are Not Covered by Workers’ Compensation
While Vermont’s workers’ compensation covers seasonal workers, it does not cover independent contractors. So, you need to be able to differentiate whether you are a seasonal worker or an independent contractor. A qualified Vermont workers’ compensation attorney can help you determine if you are a seasonal worker or an independent contractor. But generally, according to Vermont law, you are not a seasonal employee if you do work that is outside the normal scope of the employer’s business and are free from supervision. If you do work that is within the normal scope of the employer’s business and your employer controls or directs your work, you are a seasonal worker regardless of which category your employer puts you in. Often, employers label seasonal workers as independent contractors to avoid paying out workers’ compensation benefits.
Steps To Take After Suffering a Work-Related Injury as a Seasonal Worker?
After suffering a work-related injury as a seasonal employee in Vermont, you should report your injury to your employer immediately or ASAP. This is a requirement under Vermont’s workers’ compensation law. Your employer will then submit a claim to their workers’ compensation insurer or notify the state’s DOL within three days. If your employer does not submit the report, you can submit Form 5 yourself or speak to a lawyer.
After suffering a work-related injury as a seasonal worker, you should receive prompt medical attention and document your injury. You should also gather evidence that can help you prove what happened. Although you don’t need to prove fault in a workers’ compensation case, you must prove your injury is work-related.
Finally, after suffering a work-related injury as a seasonal employee, you should hire a skilled workers’ compensation attorney to help you fight for the benefits you deserve. While you are entitled to benefits, you can trust that your employer and the insurance company will give you a hard time.
Contact a Vermont Workers’ Compensation Attorney
If you’ve suffered an injury on-the-job, contact our skilled and dedicated Vermont worker’s compensation attorney at Sluka Law PLC. We can help you determine if you are eligible for workers’ compensation benefits.