Do Part-Time Employees Get Workers Compensation Benefits for an Occupational Injury or Illness?
Hurt While Working Part-Time? You Can Still Receive Medical and Wage Loss Benefits for Your Occupational Injury or Illness
Nearly 30 million Americans work part-time. And millions more hold full-time and part-time jobs simultaneously.
For some, part-time employment is the only job you can find due to general economic conditions like a recession. For others, part-time employment is the best option for you or your family due to childcare needs, family obligations, school, or limits on earnings from other sources like Social Security disability or regular retirement benefits.
Because many employers do not offer benefits like health insurance, short-term disability insurance, long-term disability insurance, dental insurance, or sick leave to part-time employees, you may assume workers compensation benefits are unavailable if you get hurt in a part-time job.
Fortunately, this assumption is untrue.
Workers compensation covers part-time employees.
Even better, the benefits available to full-time and part-time workers – lifetime medical care, wage loss payments, and compensation for permanent partial disability – are the same.
This article discusses common issues in workers comp claims for part-time employees.
Keep reading to learn more.
If you have questions after getting hurt at work or want to discuss how to negotiate a workers comp settlement, call my law firm (804-251-1620) or fill out this online form.
What Makes You Part-Time?
Definitions for part-time work vary.
For example:
-
- Some employers consider an employee part-time if the employee works fewer than 40 hours per week.
-
- Some employers use 37.5 hours per week as the cutoff for full-time versus part-time employment.
In addition, an employer may consider you a part-time worker if you are a temporary or seasonal employee working full-time hours for part of the year or week.
For example, a ski instructor at a winter resort, a lifeguard at a pool open during the summer, or a groundskeeper/lawn maintenance employee may work full-time during parts of the year but not at all during others.
Similarly, a police officer may work full-time as a security guard at a nightclub or event space during the weekend.
Workers compensation law does not have a strict definition of part-time employment.
As explained in the next section, a precise definition is unnecessary to determine whether a part-time worker is eligible for workers comp.
Does Workers Comp Eligibility or Coverage Differ Based on Full- or Part-Time Employment Status?
No.
I have won benefits at workers comp hearings or obtained lump sum payments for many part-time employees. Some injuries occurred on the first work day, within hours of starting, or during training.
All persons who qualify as an “employee” can receive workers comp benefits, presuming they prove the other requirements (“an injury by accident arising out of and in the course of the employment”).
Virginia Code Section 65.1-101 spends almost 2,500 words telling us what the term employee “means” and what it “shall not mean.”
The word “hours” is found only twice. Neither place talks about the number of hours per week a person must work to be considered an employee for workers comp eligibility purposes.
Instead, the definition shows that any person, including part-time workers, seasonal employees, temporary workers, aliens, minors, apprentices, or new hires receiving training, may file a workers comp claim and recover benefits if they meet their burden of proof for compensability.
Five Common Issues in Workers Comp Claims for Part-Time Employees
I have noticed recurring issues in helping part-time workers win claims or negotiate settlements for occupational injuries and illnesses. Here are some of them:
-
- A high percentage of settlements for part-time employees require Medicare’s approval. Many retire from their regular job when they turn 65, then pick up a part-time job. And many enroll in Medicare when they turn 65. If you suffer an occupational injury while on Medicare (or close to it), you must consider Medicare’s interests when settling the claim under a federal law called the Medicare Secondary Payer Act. A Workers Compensation Medicare Set-Aside Arrangement (MSA) is the best method. And depending on the settlement amount, the Workers Compensation Commission may require proof that Medicare approved the MSA amount.
-
- Light-duty job offers with different hours. You may have accepted a part-time job where you were injured because it fit your childcare needs or school schedule (part-time employment is common among college and high school students). But, now that you have a workers comp award order for wage loss benefits, the employer and insurer have started vocational rehabilitation efforts to find a job within your medical work restrictions. The jobs found by vocational rehabilitation may have different hours that interfere with your childcare needs or class attendance, resulting in a dispute about whether you must accept the new job or lose your wage loss payments.
-
- Reduced wage loss payments. The amount you receive for many workers comp benefits – temporary total disability, temporary partial disability, and permanent partial disability for permanent impairment of the injured body part – depends on your pre-injury average weekly wage. So, if you work part-time, you naturally earn less, reducing your case’s value. This risk is why you must ensure the pre-injury average weekly wage is accurate and includes all possible items. Specifically, seasonal employees or those with higher earnings during specific periods, followed by periods of no or less work, should fight for a “fair calculation.” For example, a union electrician or lineman may work around the clock in other parts of the country during emergencies (like a snowstorm causing power outages). Earnings during these periods will exceed other times of the year. You want the Commission to use only these high-earning periods.
-
- Marketing disputes: If your treating physician says you cannot return to your pre-injury part-time employment but can do another job, you must “market” your remaining work capacity. In workers comp, you “market” by searching for other employment and documenting your efforts. When you get hurt in a part-time job, disputes may arise over what an adequate, good-faith job search looks like. A workers comp attorney can help you navigate this critical issue. The need for and extent of marketing required determines whether many claims succeed or fail.
-
- Combining earnings: You may have a full-time job and a part-time job. You may also have multiple part-time jobs. An injury in one job may affect your ability to work all others. If your various employments are similar, meaning they have similar purposes or job tasks, you can combine wages to get a higher pre-injury average weekly wage and more benefits.
Contact a Workers Comp Lawyer Who Understands the Nuances of Claims for Part-Time Employees
Several industries, like retail, food service, construction, educational services, and tourism, rely on part-time and seasonal employees.
And when you suffer an injury in your temporary, seasonal, or part-time role, you deserve workers comp benefits just like full-time employees.
Fortunately, it’s possible to win your case.
Call or email my firm today to see if we will accept representation. We help injured employees throughout the Commonwealth of Virginia.
- Another Win Before the Court of Appeals of Virginia - March 18, 2025
- Appellate Decision Shows the Risk of Ignoring VWC Orders - February 12, 2025
- How Long Does It Take to Get to Your Disability Hearing? - February 11, 2025
