Episode 99: Calloway County attorney Jeff Roberts discusses workers’ comp for injuries to temps and interns. If you are employed in Kentucky and suffer a workplace injury, you should qualify for benefits. However, how does this change if the injured worker is a temporary worker or intern? Jeff also discusses how workers’ compensation benefits are handled with voluntary firefighters who get injured on the job.
In previous episodes, we’ve discussed injuries to minors who are working. But we focused on high school job at fast food, distribution and other types of jobs. A temp or intern seems to fall into a different category of employee. Jeff comments that in most instances, even temps and interns would qualify for workers’ comp benefits, assuming you are an employee.
Agricultural workers are typically exempt from workers’ compensation benefits in Kentucky, unless the farmer has decided to purchase a workers’ compensation insurance policy.
Interestingly, Jeff points out that if you are working through a temp-agency, it’s that company’s workers’ comp policy that will cover you, not the place where you’re actually working (i.e. a job site, factory, retail store or office). This can lead to a significant issue for the injured worker.
Remember Your Duty to Notify Requirement
As discussed in Episode 72 and other episodes, you are required to notify your employer if you’ve been injured on the job, in Kentucky. If you tell your supervisor at the place you’re working, technically, that’s not your employer. You should report the injury to your temp-agency. In Jeff’s opinion, because you informed your supervisor at the location, a case can usually be made that you’ve satisfied the requirement.
The requirement doesn’t mean you need to immediately tell your employer. However, you should do it as soon as practicable. For instance, if you get cut by a sharp piece of equipment, you should get it examined to stop the bleeding and then inform your supervisor. Let’s assume you lift heavy boxes and your back or shoulders get sore. You may decide to take some medication or soak in the tub when you get back home. After a day or two, maybe then you make the decision to seek medical treatment at the urgent care or at a chiropractor. At that point, you need to make an effort to inform your employer and the medical professional that your pain is related to a workplace injury.
Safety Violations Resulting in Injury
As discussed in previous episodes, if your injury is a result of a safety violation by the company, it can significantly impact your benefits. For instance, an OSHA violation related to a safety guard that was removed from a machine so it could be used faster.
The increase in benefits, due to the OSHA violation, would not apply to a temp worker or intern, because the company isn’t their actual employer, assuming that individual is working through a temp agency or other third-party.
Interns May Be Treated Differently from Temp Workers
It depends on which company is employing the intern. What happens if the intern is working under an unpaid internship arrangement? Part of the workers’ compensation benefits are based on the person’s average weekly wage. There would be no wages in an unpaid internship. Episode 77 also explains how a second job’s income may be possible to be used for calculating workers’ comp benefits, in additional to the standard medical benefits.
For the intern, it’s important that there is a contract of employment (even for an unpaid internship) on file.
Temporary Worker Injured During Probationary Period
Sometimes, an employee or temp might be hired under a training or probationary period. It’s not uncommon for that wage or salary to be less than what they’ll make, once the probationary period has expired. This could also apply to an apprenticeship.
Once they’ve successfully completed the training, probationary period or apprenticeship, their wages will increase. However, if you are injured during that probationary-period, Kentucky law allows for workers’ comp to consider the wages/salary at the higher level, so the benefit calculations would involve that higher weekly wage.
This is another reason to consult an attorney if you’ve been involved in a workplace injury. The average weekly wage calculations can often be incorrect. More often than not, the mistake doesn’t benefit the injured employee. If this isn’t corrected, the individual may be getting less benefits than they are entitled to receive. An experienced workers’ compensation attorney can help to navigate these types of issues.
Workers’ Compensation for Volunteer Firefighters
Most volunteer firefighters have a job outside of their involvement with the fire department. The income they earn at this job will be used to calculate their average weekly wage. This is similar to how the income from the second job, as mentioned above, is included.
The Importance of Having a Contract of Employment
This contract was mentioned earlier. Jeff explains that workers’ comp is based on your employment. If you aren’t an employee, meaning you don’t have a contract of employment, you won’t be able to file for workers’ compensation benefits.
For instance, assume someone who is in jail and takes the opportunity to pick up trash along the highway. If that person were to be hit by a car or twists a knee due to the uneven ground, they would not be able to file for workers’ compensation. They are not employed by the jail. Again, there’s no contract of employment.
Workers’ Comp for Seasonal Employees
You would still be covered under workers’ comp if you are officially employed by a company, even if that’s on a seasonal basis. The issue that arises for a seasonal employee is the proper calculation of his/her average weekly wage.
Normally, you would take the prior 52-week period and break it into 13-week periods (e.g. quarters). The issue is, you would normally have to have 13-weeks of employment to calculate that average weekly wage. You may not have that many weeks.
A seasonal employee’s wages have to be estimated by taking the total wages over a 12-week period and dividing it by 50 weeks. This will give you the average weekly wage, in this circumstance.
That person is still covered under workers’ comp and will get their medical expenses paid, along with other benefits, in addition to the Temporary Total Disability (TTD) payments from their average weekly wage.
Kentucky Employees Enjoy a Range of Workers’ Comp Benefits
Jeff discussed the various types of Kentucky workers’ comp benefits, in Episode 2. They include medical treatment, temporary total disability payments while you’re off work, permanent disability benefits (even if you return to work), vocational rehabilitation training if you qualify, permanent total disability benefits and others.
If you are deemed to be totally disabled, Jeff can also help you to file for social security disability benefits. You can receive both, at the same time.
We wrap up the episode discussing the various ways Jeff can communicate with his clients. He’s able to handle workers’ comp claims anywhere in the state of Kentucky. Technology has actually made this fairly simple, without the need for extensive travel.
We hope you found this episode insightful and helpful. Thank you for listening!
What Do Other Clients Think About Jeff?
We always encourage listeners to read the Google Reviews Jeff Roberts has received from many of his clients. A 5-Star rating and the comments are earned recognition and demonstrate Jeff’s commitment to his clients. As a solo attorney, he has more Google Reviews than some firms with multiple attorneys. Jeff shares the credit with his staff at the Roberts Law Office. Successfully representing injured clients is a team effort. It’s why Jeff likes to say his firm offers small town service with big city results.
Jeff Roberts Represents Injured Clients Throughout Kentucky
With offices located in Calloway County (Murray) and now in Christian County (Hopkinsville), Jeff has a history of representing personal injury clients, workers’ compensation clients and social security disability clients across the state. He’s represented clients from Paducah, Bowling Green, Louisville, Covington, Whitesville and many other Kentucky locations. He’s not just a Western Kentucky injury attorney.
Is It Time to Speak with an Attorney about Your Workplace Injury Claim?
The office phone number is (270) 753-0053 or toll free at 800-844-5108. For more information, visit www.JeffRobertsLaw.com. This podcast is meant to provide information and is not legal advice. Jeff’s principal office is located at 509 Main Street, Murray, Kentucky. Co-host Jim Ray is a non-attorney spokesperson. This is an advertisement.
