You took a seasonal job, then suffered injuries during the busy holiday rush. Now the season is over and your temporary position has ended. Does the insurance company view your case as less serious because you were only a short-term employee?
The law is clear: your right to workers’ compensation started on your first day of work. When your job ends, your injury claim stays valid.
Your rights continue after employment ends
The timing of your injury is relevant, not the duration of your employment. If you get hurt while performing job duties during your temporary work, you generally maintain the right to medical care and compensation after your contract ends.
Many employers and insurance companies expect seasonal workers to abandon their claims once their employment period concludes. They might even suggest your claim expires with your job. This misinformation primarily saves them money at your expense.
Medical benefits remain available
Your right to medical treatment continues regardless of your employment status. In Georgia, injured workers can receive medical care for up to 400 weeks in non-catastrophic cases. For catastrophic injuries, medical benefits can last indefinitely.
The insurance company must still authorize doctor visits, medications, physical therapy and other necessary treatments related to your work injury. These medical benefits generally stay active even after your W-2 shows zero income for the year.
Wage replacement does not stop
If your injury prevents you from working, you need wage replacement benefits. These benefits equal two-thirds of your average weekly wage, up to the state maximum. The end of your seasonal job does not cut off these payments.
Many seasonal workers face pressure to accept minimal settlements once their employment ends. Insurance adjusters may imply you should feel lucky to get anything as a “temporary” worker. It is best not to fall for these tactics.
Protecting your claim after the layoff
An active workers’ comp claim requires specific actions even when you are home recovering. These often include:
- Keeping all medical appointments with your authorized doctor
- Following all treatment advice exactly as prescribed
- Meeting any deadlines regarding your case
- Documenting job search efforts if your doctor places restrictions that allow for light duty work
- Keeping a detailed log of all communication with the doctor, employer and insurer
If you receive a document saying your benefits are stopping, you need to act fast. You have the right to challenge any termination of your benefits.
Often, the most effective way to counter the tactics used against seasonal employees is by enlisting the help of a legal professional. Your advocate can file the proper appeals, gather medical evidence and represent you at hearings to secure the continuation of your workers’ compensation benefits.
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