Are Seasonal Workers Eligible for Workers’ Compensation In Oklahoma?

Workers’ compensation in Oklahoma provides an essential safety net that protects workers from financial hardship after a workplace injury. Workers’ compensation also protects Oklahoma employers from liability when injuries occur to their employees while on the job. 

Many job positions in Oklahoma are seasonal, including agricultural labor forces based on harvest and planting seasons, and retail, delivery, and warehousing workers during the holidays. Are seasonal workers eligible for workers’ compensation benefits in Oklahoma if they suffer an injury while performing job duties in seasonal positions? An OKC workers’ compensation lawyer can help seasonal workers learn more about their rights.

Workers’ Compensation Eligibility in Oklahoma

Nearly all Oklahoma employers must carry workers’ compensation insurance, even if they have only one employee. The state makes an exception for small businesses limited to five or fewer family-related workers. Under the Oklahoma workers’ compensation system, all employees are eligible for benefits if they sustain a workplace injury, including seasonal workers. Seasonal workers must meet the following eligibility criteria:

• They must be an employee, not an independent contractor
• The injury must have occurred while the worker was performing a job-related task
• The injured worker must have immediately notified their employer of the injury

Seasonal workers are entitled to the same workers’ compensation benefits as year-round employees, including medical care costs, 70% of their normal wages, partial or total disability, and death benefits to family members after a workplace fatality. If you’re unsure whether you qualify or have questions about your eligibility, a workers’ compensation lawyer in Oklahoma City can review your specific situation.

What Are the Common Causes of Work Injuries to Seasonal Workers?

Studies by the National Institute for Occupational Safety and Health (NIOSH) show that seasonal workers suffer on-the-job injuries at a higher rate than year-round workers, due to less training, less experience, and the high-demand environment of seasonal work. Common causes of injuries to seasonal workers include the following:

• Traffic accidents in the transportation or trucking industry
• Falls
• “Struck-by” accidents from falling objects
• Lifting accidents, which cause back injuries
• Heavy, sharp, or moving equipment injuries
• Fires and explosions
• Repetitive motion 
• Electrocution
• Toxic exposures

Employers can reduce the risk of injury to seasonal employees by providing adequate training, maintaining a safe work environment, teaching safe working practices, and allowing inexperienced seasonal workers to work at a slower pace than their more experienced co-workers. 

When employers fail to provide a safe workplace and injuries occur, a workers’ comp attorney can help seasonal workers hold them accountable and recover full benefits.

How Long Does a Seasonal Worker Have to File for Workers’ Compensation in Oklahoma?

Like full-time employees, seasonal workers must adhere to time limits to file a successful workers’ compensation claim in Oklahoma. An injured worker must immediately report their injury to a supervisor and to their employer within 30 days for an injury, or within 90 days for occupational diseases or toxic exposures.

Then, the employee must file a claim within one year of the date the injury occurred, or within two years for occupational diseases. If an occupational injury causes death, a close surviving family member must file a claim within two years of the death to recover death benefits from workers’ compensation.

A workers’ compensation lawyer can ensure all deadlines are met and your claim is properly filed.

Why Does a Seasonal Worker Need a Workers’ Compensation Attorney?

Workers’ compensation policies are provided by insurance companies that are in business to make profits, and they often do so at the expense of the injury victim by denying claims due to simple paperwork oversights or filing errors. A seasonal worker faces additional challenges due to common misclassification as an independent contractor.

The temporary worker status sometimes affects the amount available in temporary total disability payments. It may also be more difficult to prove that an injury occurred on the job when seasonal employees work for a limited time in their temporary positions. An Oklahoma City workers’ compensation lawyer maximizes the chances of a successful claim.