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Can Part-Time Employees File for Workers Compensation?

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Posted on September 12, 2022

If you are injured on the job, you may be eligible for workers’ compensation benefits. This insurance pays for necessary medical care, wage replacement, and other costs for eligible employees. 

If you find yourself in this situation, it is common to wonder: can part-time employees file for workers’ compensation? In Georgia, both full- and part-time workers have the right to apply for these benefits, as long as they can prove that the injury happened on the job.

Athens work injury attorney

What Is a Part-Time Employee?

According to the Georgia State Board of Workers’ Compensation, a regular part-time employee is a worker who works for a business regularly on a part-time basis. There is no minimum number of hours that the employee needs to work; instead, the employee must work for the business on a regular schedule. 

For example, an employee who works part-time on the weekends would be considered a part-time employee. A seasonal employee who is hired to work during the holiday season would also be part-time, as long as the business regularly hires more workers during this time. If an employee brings someone to work for only one day, however, he or she would not be considered a regular part-time employee.

Who Is Eligible for Workers’ Compensation in Georgia?

Georgia law requires most employers with at least three employees to provide workers’ compensation insurance. These can be full-time employees or regular part-time workers. If any of these workers are hurt while performing their job duties, they have the right to apply for workers’ comp benefits.

However, if an employee falls under any of the following categories, he or she is not eligible for workers’ compensation:

  • Railroad workers
  • Independent contractors
  • Volunteers
  • Federal employees
  • Domestic employees

How to File a Workers’ Compensation Claim as a Part-Time Employee

If you are an eligible part-time employee and injured on the job, you will need to initiate your workers’ compensation claim as soon as possible. First, seek medical treatment from an approved physician. You may need to see a doctor who appears a list provided by your employer or is part of your employer’s Workers’ Compensation Managed Care Organization.

Then, tell your employer about your accident. Georgia requires employees to report any work-related accident, illness, or disease to their employers within 30 days. A failure to notify your employer of your injury could result in you losing your benefits.

After you report your injury to your employer, he or she should provide you with paperwork to file your workers’ compensation claim. You will need to complete these documents and submit them to your insurance provider along with evidence that proves your injury is related to work.

Do You Need a Lawyer to File a Workers’ Comp Claim?

Filing a workers’ compensation claim can be a complex process. It is common for insurers to deny claims due to a lack of evidence or the belief that the employee is responsible for his or her injury. If you find yourself in these situations, you may want to consult with a workers’ compensation lawyer.

An Athens work injury attorney can help you prepare your documents and gather evidence to prove your right to benefits. If the insurer denies your claim, he or she can file an appeal on your behalf and advocate for your right to fair compensation. As soon as possible after your accident, consult with a lawyer who can represent your claim.