Are Seasonal Employees Eligible for Workers’ Compensation?

Ramos & Law wishes everyone a Happy 2015! We know that the holidays are a busy time for Georgia’s workforce- especially retail workers. The uptick in sales during the Christmas season prompted many Atlanta employers to plan ahead and hire seasonal employees to help with retail sales, temporary merchandise set-up, inventory stocking and other jobs. Heavy consumer traffic in stores often leads to rushed, exhausted employees. Unfortunately, it’s not uncommon to see an increase in job-related injuries among seasonal employees during the hustle and bustle of the holidays.  Injured workers may question whether the Georgia workers’ compensation laws cover seasonal employees. It does.  Seasonal or temporary employees are covered under Georgia’s workers’ compensation law- just as any other employee in the service of an entity.

See O.C.G.A. 34-9-1(2).

Under the Georgia Workers’ Compensation Act, the term, “employee,” is extremely broadly construed.  The law contemplates all those who are hired by another.  Generally, the employer in question must have at least three employees.  The law includes the following as “employees”:   (1) minors; (2) all fire and police persons; (3) full –time county employees; (4) elected county officers; (5) employees of county health agencies; (6) Georgia National Guard members on orders by the Governor.  Specifically excluded are farm laborers, domestic servants, inmates, and folks working as independent contractors.

Ramos & Law has represented seasonal employees in the DeKalb and Fulton counties. These workers were employed by Target, Neiman Marcus, Wal-Mart, and other stores in the Greater-Atlanta area. If you have been injured on the job, we recommend you report the injury to the person in charge or supervisor and seek immediate medical attention. Generally, the employer will have a list of physicians you can choose from. Ask for that list. If the Employer does not have a list, do not let that stop you from getting medical attention.

Start the New Year out right. Pay attention to your health. And call Ramos & Law if you have been injured on-the-job and need help recovering your costs.

Ramos & Law has been supporting Georgia’s workforce for nearly a decade, practicing 100% Workers’ Compensation. For your free consultation, call us at 404-355-3431.