Worker’s Compensation For Seasonal Workers In Wisconsin
Understanding your rights as a seasonal worker under Wisconsin’s Workers’ Compensation laws is crucial after suffering a workplace injury. Seasonal workers, who play a vital role in industries like tourism, agriculture, and retail—particularly during peak periods—should be aware of their entitlement to worker’s compensation benefits if they’re injured on the job. Our Wisconsin worker’s compensation attorneys are here to guide you through this process.
Wisconsin law provides that all employees, including seasonal workers, may be eligible for workers’ compensation benefits if they’re injured on the job. This protection applies regardless of the time of year or the length of your employment. The Wisconsin Workers’ Compensation Act (Wis. Stat. § 102.03) requires most employers to carry workers’ compensation insurance, ensuring coverage for work-related injuries or illnesses. This requirement extends to temporary and seasonal workers as long as they are classified as employees under the Act. In Wisconsin, eligibility is determined by your employment status at the time of the injury.
As we represent workers across Wisconsin, we often encounter misconceptions about coverage for seasonal employees. Many workers believe that they aren’t eligible for benefits because their employment is temporary. However, this isn’t the case. Wisconsin law covers all employees—full-time, part-time, or seasonal—as long as they meet the criteria outlined in Wis. Stat. § 102.07. Understanding these rights is crucial to ensuring you receive the worker’s compensation you deserve if you experience a workplace injury.
Legal Rights Of Seasonal Workers In Wisconsin
Seasonal workers injured on the job are entitled to the same benefits as any other worker under the Wisconsin Workers’ Compensation Act. This includes medical expenses, compensation for lost wages, and even vocational rehabilitation in cases of long-term disability. Wis. Stat. § 102.43 ensures that injured workers, regardless of their employment status, are entitled to two-thirds of their average weekly wage, up to a statutory maximum.
Additionally, medical treatment must be covered by the employer’s workers’ compensation insurance. This includes doctor visits, hospital stays, physical therapy, and prescription medications. Seasonal workers are entitled to choose their treating physician, ensuring they receive quality care.
Challenges Facing Seasonal Workers
While Wisconsin law protects seasonal workers, unique challenges can arise while filing for worker’s compensation. One common issue is calculating the average weekly wage, especially for those whose hours may vary significantly. Wis. Stat. § 102.11 addresses this by allowing the calculation of the wage based on the average earnings of other employees engaged in similar work. If you face difficulties in proving your claim, contact our firm for a free consultation.
If an employer or insurance company disputes your eligibility, they may claim that you’re an independent contractor rather than an employee. This distinction is crucial, as independent contractors are not entitled to workers’ compensation benefits under Wisconsin law. Wis. Stat. § 102.07(8) outlines the factors used to determine employment status, such as control over work performed and the method of payment.
Worker’s Compensation FAQs
How Do I Know If I’m Covered As A Seasonal Worker?
Seasonal workers are generally covered under Wisconsin’s Workers’ Compensation Act if they’re classified as employees. The key factor is your employment status, not the duration of your job. If your employer controls the work you do, the hours you work, and the method of payment, you’re likely considered an employee and are entitled to benefits.
What Benefits Am I Entitled To If I’m Injured As A Seasonal Worker?
As a seasonal worker, you’re entitled to the same benefits as any other employee under the Wisconsin Workers’ Compensation Act. These include medical expenses, two-thirds of your average weekly wage for lost income, and vocational rehabilitation if necessary. The amount of compensation depends on the extent of your injury and your average earnings.
How Is My Average Weekly Wage Calculated As A Seasonal Worker?
Your average weekly wage is calculated based on your earnings at the time of the injury. For seasonal workers with fluctuating hours, Wis. Stat. § 102.11 allows using the average earnings of similar employees in the same job to determine your wage. This ensures you receive fair compensation, even if your work hours vary from week to week.
What Should I Do If My Employer Denies My Workers’ Compensation Claim?
If your employer denies your claim, you have the right to challenge the denial through the Wisconsin Department of Workforce Development’s Workers’ Compensation Division. It’s important to consult with an experienced workers’ compensation attorney to help you navigate the appeals process and advocate for your rights.
Can My Employer Fire Me For Filing A Workers’ Compensation Claim?
No, Wisconsin law prohibits employers from retaliating against employees for filing a workers’ compensation claim.
Can I Choose My Own Doctor For Treatment If I’m A Seasonal Worker Injured On The Job?
Yes, under Wisconsin law, injured workers, including seasonal employees, have the right to choose their own treating physician. This means you can select a doctor you trust for your care. However, if you decide to switch doctors, you may need to inform your employer or the insurance company, as there are limits to how many times you can change doctors without their approval.
What If I’m Injured Towards The End Of My Seasonal Job? Will I Still Receive Benefits After My Employment Ends?
Yes, you’re still entitled to workers’ compensation benefits even if your seasonal employment ends after your injury. The benefits provided by the Wisconsin Workers’ Compensation Act continue regardless of your job status. This includes coverage for medical expenses, lost wages, and any other applicable benefits until you’ve recovered or reached maximum medical improvement.
Contact Our Milwaukee Worker’s Comp Lawyer For A Free Consultation
If you’re a seasonal worker injured on the job, don’t let your employment status prevent you from getting the compensation you deserve. At Gillick, Wicht, Gillick & Graf, our experienced workers’ compensation attorneys are here to help guide you through the complexities of Wisconsin’s laws and fight for your rights. Contact our Milwaukee worker’s comp lawyer at Gillick, Wicht, Gillick & Graf by calling 414-257-2667to receive your free consultation. With offices in Milwaukee, we proudly serve injured workers throughout Wisconsin, ensuring they receive the benefits they’re entitled to under the law.