January 3, 2013
Generally, yes. First, the injured worker must be an “employee”, not an independent contractor. Second, the employer must have at least three (3) employees. The key to whether a worker is an employee or an independent contractor depends on how much control the “employer” has over the worker. The more control, the more likely the worker is an employee. Presuming the injured worker is an employee, then he or she may be entitled to the Five Pillars of Workers’ Compensation: (i) Temporary Total Disability; (ii) Temporary Partial Disability; (iii) Permanent Partial Disability; (iv) Medical care / treatment; and (v) Rehabilitation care and counseling. The first three pillars are money benefits, while the final pillars address the injured workers’ medical care and potential return to work. Whether an employee is “seasonal” does not negate the claimant’s ability to receive these benefits.