Workers' Compensation for Seasonal Workers in Ohio: What You Need to Know

Seasonal jobs are a huge part of the workforce in Ohio. From seasonal workers in the agricultural industry to temporary workers helping retailers during the busy holiday season, these workers are essential to many Ohio employers. What happens when people working in a field for the summer or stocking shelves in a fulfillment center during the holidays get hurt on the job? Are they eligible for workers' comp?

In many cases, yes, a seasonal worker is eligible for workers' compensation benefits just like full-time employees. However, there are a number of things to keep in mind, as these are unique cases for both employers and employees.

A workers' compensation lawyer can help these employees get the benefits they deserve and provide details about workers' compensation for remote employees in Ohio.

Understanding Seasonal Employment in Ohio

Seasonal workers are those who are hired for a limited time. In other words, they are hired to work at a particular time of year for a specific task. Common Ohio industries that heavily rely on seasonal workers include:

• Agriculture - planting and harvesting crops

• Retail - Holiday season rush

• Warehousing and logistics

• Hospitality and tourism

• Construction and landscaping

In most cases, these jobs are temporary. They might be part-time, and they may not come with the same benefits that a full time employee gets.

Though there are differences, seasonal workers can file a workers compensation claim in many cases under Ohio law. Larrimer & Larrimer can also consult on workers' compensation for volunteers in Ohio.

The Basics of Workers' Comp in Ohio

In Ohio, the Bureau of Workers' Compensation (BWC) oversees the insurance program that is designed to provide workers compensation benefits to those who were injured on the job. This typically covers medical care, lost wages, and disability benefits for those who are out of work for an extended period of time.

Most Ohio employers are required to provide workers compensation coverage to their employees, and eligibility is available regardless of:

• Job title

• Work history

• Full-time or part-time work

• Length of employment

• Citizenship or immigration status

• Income

This means that even a worker who is employed for just a few weeks during the holiday shopping season or working at an amusement park for the season is likely covered. This is assuming that the injury occurred while on the job and while performing work duties.

However, there are a few things to consider when seasonal employment is involved:

Employee vs. Contractor

Only employees are covered under workers' compensation laws. Independent contractors are not. However, some employers misclassify workers as contractors in order to avoid paying benefits. If an employer schedules the worker, if they provide tools to the worker, and if they dictate how the job is performed, the worker can challenge their classification in order to get compensation.

Agricultural Worker Exceptions

Some farm operations are not required to carry workers' compensation coverage. However, those that do are obligated by law to provide coverage, and injured farmworkers have valid claims.

Immigration Status

Per Ohio law, undocumented workers are entitled to workers comp. Employers cannot deny claims based on immigrate status or citizenship.

Common Injuries Among Seasonal Workers

Seasonal jobs often come with physical demands, minimal training, and long hours, which can make the injury rate higher than those who work in an office. All of these can lead to workplace injuries. Some of the most common injuries that seasonal workers sustain include:

• Slipping, tripping, and falling

• Heat-related conditions like heatstroke or other illness

• Repetitive motion injuries

• Back injuries and shoulder strains

• Machinery and equipment accidents

• Injuries caused by lack of training

What Benefits Can Seasonal Workers Receive?

In many cases, a seasonal worker can be approved through the Ohio BWC. If they are, they will be eligible for the following benefits through the workers' compensation system:

Medical Benefits

The BWC covers all medical treatment that is related to the injury. This includes any doctor visits, surgery, prescriptions, therapy, and travel costs to appointments.

Wage Loss Compensation

If the injury prevents the worker from returning to their job, the can receive Temporary Total Disability (TTD). This offers them a percentage of their average weekly wage.

Permanent Disability

If a worker suffers a serious accident causing long-term or permanent disability, they might be eligible for Permanent Partial Disability (PPD) or Permanent Total Disability (PTD).

Vocational Rehabilitation

If the injury sustained prevents the worker from returning to the same job, they may qualify for job retraining.

Challenges Facing Injured Seasonal Workers

Though workers' compensation for seasonal workers in Ohio is available, there are unique challenges that make it more difficult to make a claim. These include:

• Employers who deny coverage or misclassify employees

• Lack of payroll records

• Short-term employment that complicates wage calculations

• Inadequate medical attention or fear of retaliation for reporting the injury

• Language barriers

Some of these challenges discourage workers from filing a claim, even when they have the right to. For more information, hire a workers comp law firm in Columbus.

Steps to Take After a Workplace Injury as a Seasonal Employee

If a person is injured on the job, they should take the following steps:

1. Report the injury to a supervisor or employer, in writing, if possible

2. Get medical care from a BWC-certified provider

3. Document everything about the incident, including the location, circumstances, and witness names

4. File a First Report of Injury form with the BWC

5. Consult with a workers' compensation lawyer to ensure their rights are protected

   
   

Always Contact a Workers’ Compensation Attorney

Seasonal workers often wait to contact a lawyer because they are afraid of retaliation, or they don't believe that they have the same rights as other workers. Health and safety are important no matter who you are.

An attorney can help with the following:

• Determining the employees legal classification

• Appealing a claim that was previously denied

• Ensuring accurate wage calculations

• Gathering evidence

• Protecting against retaliation

Seasonal Workers Deserve Legal Protection

It doesn't matter if a person is working on a farm in the summer or in a store during the holidays, their health and safety is important. A seasonal worker in Ohio sill has the right to workers compensation.

The team at Larrimer & Larrimer has been helping workers in the state of Ohio for 90+ years, and they are ready to help any seasonal worker who may have been injured on the job. These workers may have a workers compensation claim, and these lawyers can help. Free consultations are available by calling.