Employment Status — Seasonal Employees

In New Jersey, workers’ compensation covers employees who are injured on the job.

In determining whether a specific employee is covered by workers’ compensation, however, the employee’s status may become an important factor, especially for workers who are seasonal employees. In New Jersey, there are several common situations in which an employee may be classified as a “seasonal employee.” These include someone who works at the beach during the summer, a person who works at a busy mall or department store during the holiday months, or a substitute teacher on a temporary contract during the school year.

In some instances, seasonal employees have different rights than regular employees. For instance, seasonal employees may not always be eligible to receive unemployment benefits in all cases. In workers’ compensation cases, however, seasonal employees are usually eligible to collect benefits in the event of an on-the-job injury. New Jersey courts have ruled in several instances that seasonal employees are generally entitled to receive workers’ compensation benefits and that a temporary seasonal employee can continue to collect workers’ compensation benefits during a period in which he or she would not have been working, as long as the employee can prove that he or she would have been earning a wage elsewhere. Outland v. Monmouth-Ocean Education Service Commission, No. A-48-97, 1998 WL 387263 (N.J. July 1, 1998).

If you have been injured on the job, you are likely eligible to collect workers’ compensation benefits, even if you are only a seasonal employee. Filing a workers’ compensation claim can be complicated, however, and it is important that you understand the law and how it applies to your legal rights. If you have been injured on the job, you should seek the help of an experienced lawyer who can help you fight for your rights and file.