Seasonal employees have workers’ compensation rights too


During this time, many Atlanta employers hire seasonal employees to help out during the holidays.  They are hired to help with retail sales, temporary set-up, or inventory among other items.  Unfortunately, these Atlanta employees are rushed, and sometimes they get injured on the job.  However, the employers claim, or the injured workers themselves, are unsure if the workers’ compensation system applies.  It does.  These seasonal employees are covered as they are in the service of another.  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, these employers must have at least 3 employees.  The law also 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.

In the past, our firm has represented seasonal employees in the DeKalb and Fulton counties.  These workers were employed by Target, Neiman Marcus, or 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.  Your health is most important.   Be safe working out there!