The Wisconsin workers’ compensation system is meant to protect nearly all employees, not just those working full time. If you are a seasonal employee or work part-time somewhere, you still have rights if you’re injured on the job. Many workers don’t realize they’re covered, or your employer may fail to advise you of your rights. We help you enforce your rights and get the benefits you deserve after a work-related injury.
The Wisconsin workers’ compensation lawyers at Axis Legal, LLC are ready to help you. We help seasonal and part-time workers get the benefits they are due after getting hurt at work.
Are Part-Time Workers Covered by Wisconsin Workers’ Compensation?
Yes. Most employers in Wisconsin are required to provide workers’ comp coverage to their employees. This includes:
- Part-time workers
- Temporary workers
- Seasonal workers
- Minors
- Undocumented workers
Whether you are covered is based on your status as an employee. It is not based on the numbers you actually work in a day. You’re generally covered if you qualify as an employee.
There are some very limited exceptions. If an employer has fewer than three employees, and if they pay less than $500.00 in wages in a quarter, they may not have to provide coverage. Certain farm operations and other narrow categories also exist. These exceptions are very rare, so don’t assume an employer is correct if they say they fit the exception.
Seasonal Workers Are Covered Too
Seasonal workers often think they don’t have benefits because of being temporary. However, the law doesn’t care if you’re temporary or full-time for purposes of workers’ comp.
If you’re hired for:
- Summer landscaping
- Holiday retail
- Harvest work
- Tourism and recreation
- Construction busy seasons
you’re still entitled to medical care and wage-loss benefits if you’re injured while performing your job duties.
What Benefits Can Part-Time and Seasonal Workers Receive?
Part-time and seasonal workers receive the same categories of benefits as full-time employees:
1. Medical Treatment
All reasonable and necessary medical care is covered, including:
- Doctor visits
- Surgery
- Physical therapy
- Prescriptions
- Medical equipment
- Mileage reimbursement for medical travel
2. Wage-Loss Benefits
If your injury keeps you from working, you may receive:
- Temporary Total Disability (TTD) if you are unable to work even a little.
- Temporary Partial Disability (TPD) if you can work, but need reduced hours or light duty.
3. Permanent Disability Benefits
If your injury causes long-term or permanent disability, you may receive:
- Permanent Partial Disability (PPD)
- Permanent Total Disability (PTD)
4. Vocational Retraining
If you can’t return to your old job, you could even qualify for training to help you find a new job or career.
How Is Wage Loss Calculated for Part-Time or Seasonal Workers?
This is where things get tricky, and where workers often get shortchanged.
Wisconsin uses your average weekly wage (AWW) to determine your benefit rate. For part-time or seasonal workers, the AWW calculation depends on your work pattern:
If You Regularly Work Part-Time
Your AWW is based on your actual part-time schedule. For example: If you consistently work 20 hours per week, your AWW reflects those 20 hours.
If You Work Part-Time but Are Not Restricted To Part-Time Employment
Wisconsin may “expand” your wage to a full-time equivalent. This can significantly increase your benefit rate.
If You Are a Seasonal Worker
Your AWW may be based on:
- Your actual seasonal earnings, or
- A representative period of employment
The goal is to fairly reflect your earning capacity, not just the short window of seasonal work. Because employers and insurers sometimes miscalculate AWW for part-time or seasonal workers, it’s important to review your benefit rate carefully.
Common Problems Part-Time and Seasonal Workers Face
Part-time and seasonal employees often encounter issues such as:
- Employers claiming they’re “not covered”
- Miscalculated wage-loss benefits
- Pressure to return to work before medically cleared
- Denied claims due to short-term employment
- Seasonal layoffs complicating benefit payments
None of these situations automatically disqualify you from benefits.
Get Help After a Work Injury in Wisconsin — Even If You Are Part-Time or Seasonal
Part-time or seasonal does not mean you have less coverage necessarily. We help you navigate getting the benefits you are owed. We can even help if your employer doesn’t have workers’ comp insurance like they should.
Worn down at work? Let the experienced Wisconsin workers’ compensation lawyers at Axis Legal, LLC review your case. Contact us today for a free, no-risk evaluation.