Do I Qualify for Workers’ Compensation as a Part-Time Employee in Ohio?

When most people think about workers' compensation benefits, they assume that only full-time employees are eligible for benefits. However, that's not true. A part-time, seasonal, volunteer, or other employee injured at work may also be eligible for workers' compensation in certain situations. 

People who have part-time employment in retail, healthcare, food service, education, or other industries have the same chance to get hurt as a full-time employee, even if they have part-time status or don't have a regular schedule. 

Understanding that part-time workers also have rights following a work injury in some cases is important. Larrimer & Larrimer is a law firm in Columbus that regularly works with both full and part time employees to see if these workers qualify for workers' comp...and if they do, the firm does all they can to ensure that they get the best possible outcome in their case. They can also help with questions like Do I qualify for workers’ compensation if I was injured off-site?

Understanding Workers’ Compensation Benefits in Ohio Following an Injury at a Part-Time Job

In Ohio, workers' compensation is a type of insurance system that was created by the state to protect workers who were injured or became ill due to their job. The insurance is managed by the Ohio Bureau of Workers' Compensation, or BWC. 

This insurance covers medical treatment, wage replacement, and rehab without the burden of proving the employer was at fault. In exchange for this, an employee cannot sue their employer for damages related to the injury or illness. 

Ohio law requires that most employers carry this coverage, regardless of whether they have full or part-time staff. 

Does Ohio Law Cover Part-Time Workers? Seasonal and Part-Time Worker Eligibility

Yes. It doesn't matter if an eligible employer hires a full-time or part-time staff member; they are covered by workers' comp. However, the employee, no matter how much they work, must meet these eligibility requirements:

• The worker must be an employee and not an independent contractor.

• The injury or illness must be related to the job.

• The injury must be reported within a specific period

Ohio law doesn't have a minimum number of working hours per week to be eligible. A person can work 2 hours a week or 40 hours a week. As long as they are working and injured, part time staff can file a claim as long as the above requirements apply.

Examples of Part-Time Employee Coverage - Is an Independent Contractor Eligible? A Volunteer? 

Part-time workers may be eligible for workers' comp in the following situations: 

• A retail worker who was injured when stocking shelves

• A dishwasher at a restaurant who slipped on a wet floor

• A healthcare aide who was hurt when lifting a patient

• A delivery driver injured in a vehicle accident while on the job

• A seasonal worker suffering from repetitive strain during short-term employment

The takeaway here is this - it doesn't matter who was injured, part-time or full time employee -- what matters is that the injury or illness happened when doing the worker's job. However, an independent contractor is usually not eligible for workers' compensation benefits. A volunteer might be, depending on the organization or business they are volunteering for

Benefits Available to Part-Time Workers if They Injure Themselves

The vast majority of Ohio part-time employees are eligible for the same benefits that full-time employees get from workers' compensation insurance. The state fund covers the following:

• Medical coverage that covers the expense of treating injuries and illnesses.

• Temporary total disability if the worker cannot work during their recovery.

• Partial disability if the worker can return to work, but with restrictions.

• Vocational rehabilitation if the worker needs on-the-job retraining for a different type of work. 

• Permanent disability benefits if the injury leads to lasting impairment.

The main difference between full-time and part-time benefits is that they are based on average weekly earnings. So, since a part-time worker doesn't work as many hours as full-time workers, they will not get as much coverage. 

Common Challenges for Part-Time Workers

Ohio law typically protects part-time workers, but there may be an exception depending on other factors. For example:

• Independent contractors aren't eligible for workers' comp, and some employers may classify part-time workers as contractors, even if they are employees. This can unfairly cause the worker to not get the benefits they deserve. 

• Ohio law requires employers to hold workers' comp insurance, but there are exceptions. For instance, a domestic worker who makes less than $160 a quarter may not be covered.

• A worker might fear retaliation, termination, or reduced hours if they file, but this is illegal, and they should consult an attorney.

• Employers or insurance companies may argue that the injury didn't occur at work.

• Though benefits may be available, they might be smaller than what a full-time employee will get because they reflect their earnings. 

How to File a Workers’ Compensation Claim in Ohio

If a part-time worker is injured on the job, the process is generally the same as for full-time employees:

1. Report the Injury Immediately – Notify the employer as soon as possible, preferably in writing.

2. Seek Medical Care – Get treatment from a healthcare provider approved by the BWC or your Managed Care Organization (MCO).

3. File a First Report of Injury (FROI) – This can be filed online, by mail, or by phone with the BWC.

4. Cooperate with the Claims Process – Provide necessary medical documentation and respond promptly to any BWC or employer inquiries.

5. Consider Legal Guidance – If the claim is denied or contested, an attorney can help protect the worker’s rights.

   
   

Legal Protections for Part-Time Employees

Ohio law prohibits employers from retaliating against workers — including part-time employees — who file for workers’ compensation. Retaliation can include termination, demotion, or reduction in hours. Workers who experience retaliation may have grounds for a separate legal claim. When faced with retaliation, these workers compensation attorneys in Columbus may be able to help.

Additionally, part-time workers cannot be forced to pay for their own workers’ compensation coverage if they are legally classified as employees. An employer must provide coverage as long as they have one or more employees, under Ohio law.

When to Seek Legal Help

Part-time workers should consider speaking with a workers’ compensation attorney in situations where:

• The employer disputes that the injury is work-related.

• The worker is misclassified as an independent contractor.

• The claim has been denied or delayed.

• The injury results in permanent impairment.

• Retaliation or workplace discrimination occurs after filing.

An experienced attorney can ensure that a part-time employee receives the benefits they are entitled to and help navigate the appeal process if necessary.

Need a Lawyer? Contact Larrimer & Larrimer - Get a Workers' Compensation Attorney

In Ohio, part-time employees are generally entitled to the same workers’ compensation protections as full-time employees. The law focuses on whether the injury is job-related, not on the number of hours worked. While wage-replacement benefits may be lower due to reduced earnings, part-time workers still have the right to medical care, wage loss benefits, and other forms of assistance after a workplace injury.

For those facing challenges with their claims, legal guidance can be invaluable in securing a fair outcome. No employee — full-time or part-time — should have to bear the financial burden of a work-related injury alone.

Those unsure if they have the employment status necessary to file for workers' compensation should call Larrimer & Larrimer for a free consultation.