I Have Suffered Injuries as a Seasonal Worker in Vermont: Am I Qualified for Workers’ Compensation

Employers need to hire seasonal workers at certain times of the year. For instance, during the summer and fall, many farms hire workers, and during the winter, many people are hired in ski resorts, eateries, and other connected businesses. Seasonal workers may be hired for some weeks or months and work part- or full-time.

Like other employees, seasonal employees can suffer serious work-related injuries. But what happens if you suffer an injury as a seasonal worker? Are you qualified to receive workers’ compensation benefits in Vermont? If you are a seasonal worker in Vermont and have suffered a work-related injury, you can recover workers’ compensation benefits.

Workers’ Compensation in Vermont                                                    

Workers’ compensation is a type of insurance that employers carry that provides benefits to eligible employees who are injured due to their jobs. In Vermont, all employers are legally required to have workers’ compensation. This insurance coverage provides several benefits, including medical treatment, wage replacement, and vocational rehabilitation.

Are You Eligible to Recover Compensation?

In Vermont, seasonal workers are qualified to receive workers’ compensation benefits if they suffer injuries on the job. You cannot receive benefits if you sustained the injury outside of work. So, if, for example, you were injured while hiking, you cannot receive workers’ compensation benefits.

Employee vs. Independent Contractor

As a seasonal worker, it is crucial to understand if you are an employee or an independent contractor (IC). Vermont’s workers’ compensation law does not cover independent contractors. So, how do you determine under which group you fall? Vermont uses the ABC test to distinguish between an employee and an IC. In Vermont, you are an IC if you are free from control or direction (A), do work that is outside the normal scope of business (B), and maintain an independent business (C). You are an employee if even one of these parts is not met.

Consider the example below;

Suppose you have a landscaping business and are hired by a hotel to plant flowers. Because the hotel is not in the business of selling flowers, you are doing work outside the business’s normal scope, making you an IC and not an employee. On the other hand, suppose you are hired to cook in a restaurant. Since the restaurant is in the business of providing food to people, you are considered an employee and not an independent contractor.

If an employer misclassifies you or says you are not covered, you should consult a workers’ compensation attorney who can help ensure your rights are protected and you receive any benefits you are entitled to.

What To Do if Injured

The following are the steps to take if you are injured as a seasonal worker in Vermont;

• Report the injury to your employer immediately
• Seek prompt medical attention
• File a workers’ compensation claim. You can contact the DOL directly if your employer does not help you start the process.
• Gather evidence
• Hire an experienced workers’ compensation attorney

Contact Us for Legal Help

If you have suffered an injury as a seasonal employee, contact a dedicated Vermont workers’ compensation attorney at Sluka Law PLC. We can help you recover the benefits you deserve.

Source:

labor.vermont.gov/sites/labor/files/doc_library/Who%20is%20an%20Employee%20vs.%20Independent%20Contractor.pdf