Your Rights as an Intern

An internship can be a great stepping stone in launching your career. However, if you have been injured while working as an intern, you may be wondering if you have rights to workers’ compensation. Every company is legally obligated to provide their employees with workers’ compensation coverage. But are they legally required to provide coverage for interns as well?

Whether you have rights to workers’ compensation as an intern may depend on the laws in your state and whether you are a paid or unpaid intern. At The Law Office of William L. Phalen, we understand workers’ compensation laws and can help you fight for your rights as an intern.

What Is Workers’ Compensation?

Workers’ compensation is a system mandated at the state level that requires employers to offer benefits for injured employees. Whether an injured worker is eligible for workers’ compensation benefits varies from state to state. Fortunately, if you are an employee in Kansas or Missouri, both of these states participate in the workers’ compensation program.

Workers’ compensation provides protection for both employees and employers. In exchange for workers’ compensation benefits, a worker cannot sue his or her employer. If you choose to sue your employer anyway, you are relinquishing your right to workers’ compensation coverage.

What Workers’ Compensation Covers

Workers’ compensation covers employees only, which is important to consider when applying for an internship or working as an intern. When you are eligible for workers’ compensation, you may be able to receive some of the following types of benefits:

Medical benefits: Medical costs you may need coverage for include emergency medical treatment, prescriptions, doctor visits, diagnostic tests, treatments in hospitals, physical therapy, nursing care and equipment like wheelchairs or crutches. Medical benefits cover the reasonable costs that are associated with your injury.
Rehabilitation benefits: You may also be able to receive vocational rehabilitation benefits. This rehabilitation is intended to help injured employees gain skills and train to perform new jobs. In Missouri, employers must authorize vocational rehabilitation for injured workers. In Kansas, vocational rehabilitation is voluntary.
Wage-loss benefits: If your injury interferes with your ability to work, you may be eligible for wage-loss benefits. In Missouri, you may be eligible for two-thirds of your average weekly earnings or a scheduled loss benefit if you have sustained a permanent injury. In Kansas and Missouri, your benefits are tax free.
Death benefits: If an employee is killed on the job or dies as a result of a work-related injury, his or her spouse and children may be able to receive death benefits, which also include burial costs. In Kansas, survivors may receive up to $5,000 to pay for burial expenses. In Missouri, survivors are eligible for additional benefits if the victim was killed in the line of duty as emergency personnel.

What Workers’ Compensation Does Not Cover

While many work-related injuries are covered by workers’ compensation, not all injures that occur at work are covered. The following injuries are not covered under workers’ comp:

An injury you self inflict: An injury that is self inflicted may not be covered under workers’ compensation.
An injury you suffer from an initiated fight: When you start a fight at work and are injured as a result, you may not be able to receive workers’ compensation.
An injury that is extremely minor: If your injury is very minor, like a paper cut, this may make you ineligible for workers’ comp benefits.
An injury sustained while you are commuting: If you are injured while commuting to or from work, this injury is not likely to be covered by workers’ comp.
An injury that occurs when you violate a company’s policy: If you suffer an injury because you violated a company policy, you may not be able to receive workers’ comp benefits.
An injury sustained as a result of engaging in illegal activities: You also may not be able to receive benefits if you are intoxicated or under the influence of a substance when your injury occurred.
An injury you suffer from non-work activities: If you engage in a non-work activity in the workplace, such as horseplay with a co-worker, your injury likely will not qualify you for workers’ comp.
An injury that occurs off the clock: If you are not on the clock at the time you sustain your injury, you may not be eligible for workers’ compensation benefits. If you are injured while on your lunch break, for example, your injury may not be covered.
An injury you sustain during a non-mandatory social event: If you suffer an injury while you are attending a social event at work that is not considered mandatory and does not occur during business hours, you may not be eligible for workers’ compensation benefits.

In most states, there are limits on how much you can receive from workers’ compensation, though this amount varies from state to state.

When You Should File a Workers’ Compensation Claim

If you have been injured at your internship or while performing a work activity, you should likely file a workers’ compensation claim. The following are examples of when a workers’ compensation claim should be filed:

You suffer a broken bone after an object falls on you.
You develop carpal tunnel syndrome due to repetitive typing.
You suffer a sprain after slipping and falling from a piece of equipment.
You suffer an illness as a result of continuous exposure to a chemical at work.

In both Missouri and Kansas, you need to report your work-related injury within two years of the accident. If your employer did not file a Report of Injury, you must file a claim within three years from the date you suffered your injury or three years after you received your last payment.

Paid vs. Unpaid Intern Rights

Interns are usually recent graduates or advanced students who want to learn a professional field. You can take an internship in a wide range of fields, from education to construction. Interning allows you to learn more about a trade from those who practice it daily, which can be a valuable opportunity.

Unfortunately, workplace accidents are more likely to happen around those who lack experience. Few interns are probably thinking about whether they are eligible for workers’ compensation, but this is an important consideration before you accept an internship. As an intern, do you have rights to workers’ compensation benefits? Is your eligibility dependent on whether you are a paid or unpaid intern?

Whether you are eligible for workers’ compensation depends on the rules for unpaid internships and paid internships in your state. You should understand your rights as an intern so you know what to expect if you are ever injured on the job.

Paid Intern Rights

Compensability is determined by whether the intern is under the employer’s control as far as duties and work schedule, along with whether room and board allowances or other allowances are present. Any workers who receive a form of compensation are considered employees. Almost always, under the paid internship laws, paid interns are covered by workers’ compensation because they are considered employees.

If you are a paid intern who has been injured or developed a health condition due to a workplace accident or the circumstances of your workplace, you may want to consider filing a workers’ compensation claim.

Unpaid Intern Rights

Although unpaid interns can sometimes be covered by workers’ compensation, it is not always guaranteed. As an unpaid intern, it helps to determine if you are considered an employee. To navigate the territory between unpaid interns and volunteers, consider the following:

Are you getting “paid” in credits?
Are the credits meant to be considered “wages”?

Even if you are an unpaid intern, other determinants of compensability could give you legal grounds in identifying yourself as an employee, such as the presence of allowances. If your schedule and duties are controlled directly by the employer, you may be eligible for workers’ comp coverage as an unpaid intern.

If you are unsure whether your company will provide workers’ compensation coverage, you may want to review your contract. Sometimes this contract may explicitly state whether you are eligible for workers’ compensation benefits if you are injured on the job.

What About Volunteer Rights?

Along with distinguishing between an employee and an intern, it is important to distinguish between an unpaid intern and a volunteer. While interns are working for the company to learn and benefit from the experience, volunteers may already be trained and are there solely to benefit a company.

While unpaid interns may be able to receive workers’ compensation benefits, volunteers typically cannot, as they usually are not considered employees. In Missouri, a volunteer is not covered under workers’ compensation, so you may want to ensure you are not considered a volunteer at your internship.

Laws on Intern Rights Vary From State to State

Some state laws are very specific and list certain types of interns who are eligible for workers’ compensation:

State Laws for Workers’ Compensation in Kansas

In Kansas, all employers are required to carry workers’ compensation except for the following:

Sole proprietors and partners
Employers in certain agricultural pursuits
Realtors who are independent contractors
Employers who have a gross annual payroll of a maximum of $20,000
Firefighters who belong to a firefighter’s relief association in which coverage is waived
Specific owner-operator vehicle drivers who have coverage under their own occupational accident policy

The maximum compensation benefits you can currently receive include the following:

The maximum weekly compensation is $666.
The maximum compensation for death benefits is $300,000.
The maximum compensation for funeral benefits is $10,000.
The maximum compensation for unauthorized medical expenses is $500.
The maximum compensation for permanent total disability benefits is $155,000.
The maximum compensation for temporary or partial disability benefits is $130,000.

The maximum burial allowance is $10,000, and there is no limit on medical and hospital allowances.

State Laws for Workers’ Compensation in Missouri

In Missouri, employers with five or more employees are required to provide their employees workers’ compensation benefits. This rule applies to every employer, no matter whether the employees are full-time, part-time, casual laborers or family members. The maximum compensation benefits you can currently receive include:

The maximum state average weekly wage for temporary total disability is $1,011.92.
The maximum state average weekly wage for permanent partial disability is $530.05.
The maximum state average weekly wage for permanent total disability is $1,011.92.

The burial benefit is $5,000, and the maximum number of weeks you can receive disfigurement benefits is 40 weeks. The mileage reimbursement rate is 54.5 cents per mile.

Intern Rights in Other States

Examples of intern rights in other states include:

Intern rights in Minnesota: Under Minnesota law, student teachers are considered to be employees of the schools in which they work.
Intern rights in South Dakota: Under South Dakota law, vocational program students who work off of school premises are considered employees of the school, unless they are being paid by the off-site organization they are working for or the organization opts to cover them.

No matter the state, you cannot be fired for filing a workers’ compensation claim.

Consult an Attorney About Intern Rights in Your State

Having an attorney to help navigate the various laws surrounding paid and unpaid internships is key. If you are uncertain about your legal rights or your workers’ compensation claim has been disputed by your employer, you may want to hire a workers’ compensation attorney. An experienced lawyer can make a recommendation about how you should proceed with your case and may be able to assess the strength of your case.

Contact The Law Office of William L. Phalen for a Free Consultation

At Phalen Law Firm, we understand injured workers may struggle to get justice from giant insurance companies or massive corporations. Our firm is comprised of a small, passionate group of lawyers who are dedicated to fighting for the rights of our clients.

Reach out to our firm if:

Your workers’ compensation claim has been denied.
Your treatment or prescriptions have been denied.
You are not receiving your checks for workers’ compensation in a timely manner.
Your employer alleges you are not covered under workers’ compensation.
Your employer or your employer’s insurance company did not correctly file your claim.
The insurance company has made a settlement offer, and you are unsure whether the amount is fair.

We have a local presence and experience, and we will provide a personal touch for your case. We will answer your questions and treat you with the respect you deserve. If you have a workers’ compensation claim and you have encountered legal difficulties in getting your claim honored, contact us today for a free initial consultation.

Sources

November 18, 2020

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