Does Workers’ Comp Cover Seasonal Employees in Illinois?

Seasonal employees are workers who are temporarily hired to fill roles in various industries during busy periods. For example, general retail shops may hire additional temporary staff during the winter holidays, while accounting offices may increase their staff numbers during tax preparation and filing season. While these workers may not enjoy all the same benefits and privileges as permanent employees, they do have protection under the Illinois Workers’ Compensation Act, which entitles them to workers’ comp benefits.

Who Is Covered by the Illinois Workers’ Comp Program?

Under the Illinois Workers’ Compensation Act, most workers are automatically covered by their employers’ insurance from the first day of employment, regardless of how many hours they work or whether they’re permanent employees. The Act applies to workers across industries and types of work, including:

• Full-time employees
• Part-time employees
• Temporary employees
• Seasonal employees
• Minors and teenage workers
• Agricultural workers who meet minimum payroll requirements
• Domestic workers who meet minimum payroll requirements
• Employees of private companies, state agencies, and local governments
• Workers of nonprofit organizations
• Undocumented workers

Certain categories of workers are excluded from coverage. Independent contractors are generally not eligible because they are not considered employees under the law. Additionally, some agricultural, domestic, or volunteer workers may fall outside the Act’s scope if they do not meet income or employment duration thresholds established by the Illinois Workers’ Compensation Commission.

What Benefits Does Workers’ Comp Provide to Seasonal Employees?

The Illinois Workers’ Compensation Act entitles seasonal employees who qualify for workers’ comp to the same benefits as year-round workers. The Act does not distinguish between temporary and permanent employment when it comes to the type or amount of benefits available. If a seasonal worker gets hurt on the job or develops a work-related illness, the following benefits may apply regardless of their short-term status:

• Medical care for all necessary treatment related to the injury or illness, including doctor visits, hospitalization, surgery, medication, and rehabilitation
• Temporary total disability (TTD) payments while the worker is unable to perform job duties during recovery
• Temporary partial disability (TPD) payments if the worker can return to lighter, lower-paying work while healing
• Permanent partial or total disability benefits for lasting impairments
• Vocational rehabilitation to help the worker return to gainful employment
• Death benefits for dependents if a work injury results in death

What To Do if You Get Hurt Performing Seasonal Labor

If you suffer an injury while performing seasonal work, report it to your employer as soon as possible. The law gives you 45 days to provide notice, but it’s best to report it immediately, and do so in writing. Your employer must then provide information about how to seek authorized medical treatment and file a claim.

You can choose your own doctor, but you must follow the rules on approved providers if your employer has a preferred network. Keep copies of all medical reports and other documentation related to the injury. If your employer disputes the claim or fails to provide benefits, you may file an application for adjustment of claim with the Illinois Workers’ Compensation Commission for a formal review.

Contact an Illinois Workers’ Compensation Lawyer to Learn More

Are you a seasonal employee who suffered an injury in a workplace accident? It’s important to understand your rights as a seasonal worker under Illinois law, including your right to access workers’ compensation benefits to cover your medical expenses and a portion of your lost wages. Holley, Rosen & Beard, LLC, is an established, well-respected workers’ compensation law firm serving injured workers throughout Central Illinois. Contact us today for a free initial consultation with an attorney to discuss your case and learn more about your legal options.