Do Part-Time Employees Qualify for Workers’ Compensation?

If you work fewer hours than your full-time colleagues, you might be worried that you’re also entitled to fewer benefits. And following a workplace injury or illness, this can be a huge cause of stress.

But don’t worry. Part-time workers qualify for the same workers’ compensation benefits as other employees.

Your employment status and how many hours you work are irrelevant. If you’re employed by an employer who carries workers’ comp coverage, you’re protected from your first day on the job.

Age isn’t a factor either. So if you’re a teenager working a part-time job, you’re still covered by workers’ comp.

However, there are a few caveats applying to all workers’ that you should still be aware of. Read on to find out everything you need to know about making a workers’ comp claim as a part-time employee.

Do all employers carry workers’ compensation coverage?

Almost all employers in the US are legally obligated to carry workers’ comp coverage for their employees.

But depending on the state you work in, there may be certain exceptions based on employer income, number of employees, industry, and other factors.

Workers’ compensation for part-time employees in Kansas

Most Kansas employers with a gross annual payroll of $20,000 or more must carry workers’ compensation coverage.

However, this doesn’t apply to:

• Certain agricultural pursuits
• Realtors who qualify as independent contractors
• Firefighters belonging to a firefighter’s relief association that has waived coverage under the workers’ compensation law
• Sole proprietors, LLC members and partners
• Certain owner-operator vehicle drivers covered by their own occupational accident insurance policy

Unless you fall into one of these excluded employment categories, you’re covered by workers’ compensation as a part-time employee.

Workers’ compensation for part-time employees in Missouri

All Missouri employers with 5 or more employees must carry workers’ compensation insurance.

The only exception is for employers in the construction industry. That’s because these employers must carry coverage if they have one or more employees.

So if you’re a part-time employee for any employer with 5 or more workers, you’re guaranteed to be covered under workers’ comp.

If you’re unsure how many people your employer employs, and whether or not they’re obliged to carry compensation, it’s best to ask them directly.

If it turns out you’re not covered by their insurance, it’s recommended that you take out your own insurance policy.

Do I qualify for workers’ comp as a part-time seasonal employee?

Most seasonal workers, whether full time or part time, are covered by an employer’s workers’ comp policy.

The exception is seasonal farm workers in states such as Kansas that have specific rules regarding agricultural employment.

Do I qualify for workers’ comp if I work part-time for a temporary employment service?

If you work for a company through a temporary employment service, you still qualify for workers’ comp benefits. 

The only difference is that, in most cases, you can’t make a claim on the company’s policy. Instead, you typically claim on the service’s policy, as they’re the ones who employ you.

To ensure you file your claim correctly as a temporary employment service worker, contact both the service and the company to whom you provide work regarding your workplace injury.

Am I a part-time employee or an independent contractor?

Some employers will try to avoid paying workers’ comp benefits by classifying you as an independent contractor rather than a part-time employee. This is because independent contractors aren’t covered by an employer’s workers’ comp policy.

There are several factors that help determine whether you’re a part-time worker or an independent contractor. For example, an independent contractor:

• Has control over their time, manner, and method of work
• Is typically paid by the job or unit of work rather than by unit of time
• Provides their own tools and equipment
• Sets their own working hours
• Receives payment in which money for taxes is not withheld
• Cannot be allocated additional work without additional pay

Be aware that none of these factors alone determine whether or not you’re an independent contractor. And there are other factors not mentioned that could affect which status applies to you. Instead, an administrative law judge will assess all the evidence to make their decision.

Is your employer claiming that you’re an independent contractor to avoid paying workers’ compensation benefits? Then reach out to the experienced workers’ comp attorneys at Phalen Law to arrange a free no-obligation consultation.

My employer won’t provide my workers’ comp benefits. What should I do?

If your employer is denying your workers’ comp claim because you’re a part-time employee, they’re legally in the wrong.

Make sure you keep a copy of every claim document you file, as these will prove your attempt to make a claim. It also helps to keep a journal of all your claim information. That includes dates, times, and summaries of any conversations you have on the subject with your employer.

With this evidence in hand, the next step is to arrange a consultation with a trusted and experienced workers’ comp lawyer in your local area. In Kansas and Missouri, that means reaching out to Phalen Law.

Contact Phalen Law for peerless legal support

As experts in workers’ comp law, we have more than 50 years’ experience helping claimants like you get the compensation they deserve. We’re intimately familiar with workers’ comp laws in Kansas and Missouri, and know every trick employers and their insurance companies use to deny your coverage.

With legal advice and representation from our expert trial lawyers, you can get the compensation you deserve for your workplace injury or illness – even as a part-time employee.

Call us or fill out our Free Case Evaluation form to arrange your no-obligation consultation.