Can Part Time Employees File Workers' Compensation Claims?

Can Part Time Employees File Workers' Compensation Claims?

Generally, part time workers are still eligible for workers’ compensation coverage with only certain exceptions from the requirement. These exceptions include employees of certain railroads, causal employees, domestic servants, farm laborers with fewer than 9 full-time colleagues, federal government employees, and sellers of agricultural products on commission, for example. As long as you don’t fall within one of these exceptions, you should still be eligible for workers’ compensation.

Determining Your Scope of Employment

To receive workers’ compensation, you must be working within the scope of your employment at the time that your injuries occurred. This means that you were engaging in foreseeable activities that directly relate to your job responsibilities and goals. It can be challenging to accurately determine the scope of employment. If an employee is injurred while running an errand for the employer, for example, this can be questionable.

To resolve these questions, the court will consider whether the incident occurred at the place of employment, within the time frame of employment, while performing job-related tasks, or in a manner motivated by employer interests.

There may also be questions about scope of employment when injuries occur on the job site, but may still not be considered as happening within the scope of employment. For example, employees who are injured while intoxicate, while purposely or recklessly self-injuring, while horsing around, while committing a serious crime, or while violating company policy, will not be eligible.