Can Seasonal Workers Collect Workers’ Compensation?
Team Mooney
Every year in Pennsylvania, thousands of seasonal workers are hired to meet increased labor demands in agriculture, retail, tourism, and warehousing. But what happens when a seasonal worker is injured on the job? Are they entitled to the same protections as full-time employees?
At Mooney Law, we are often asked whether seasonal workers can collect workers’ compensation benefits. The answer is not always straightforward—but in many cases, yes, they can. As a trusted workers’ compensation attorney in Carlisle, PA, we want to help you understand your rights if you are injured while working a seasonal job.
Understanding Workers’ Compensation in Pennsylvania
Pennsylvania law requires most employers to carry workers’ compensation insurance. This no-fault system provides injured workers with access to medical treatment, wage loss benefits, and, in some cases, specific benefits for loss or disfigurement.
The law does not distinguish between full-time, part-time, or seasonal workers in terms of basic eligibility. Instead, the key questions are:
Are you considered an employee under the law?
Were you injured while performing your job duties?
If the answer to both is “yes,” you may be eligible to receive benefits—even if your job was temporary or seasonal.
Who Counts as a Seasonal Worker?
Seasonal workers are typically hired for short-term positions during periods of high demand throughout the year. In Pennsylvania, this often includes:
Agricultural workers during planting and harvest
Retail employees during the holiday shopping season
Hospitality and tourism staff during the summer
Warehouse and delivery workers in peak months
Snow removal crews and other winter-specific roles
While these jobs may only last a few weeks or months, employers are still responsible for providing safe working conditions and complying with workers’ compensation laws.
Common Injuries Among Seasonal Workers
Because seasonal jobs often involve physically demanding work, the risk of injury can be high. At Mooney Law, our Pennsylvania work injury attorneys frequently help seasonal workers who have experienced:
These injuries can disrupt your health, livelihood, and financial stability—even if your job is temporary. That is why understanding your rights matters.
Do Employers Have to Provide Workers’ Compensation for Seasonal Workers in PA?
Yes. Under the Pennsylvania Workers’ Compensation Act, most employers—regardless of the duration of employment—must carry workers’ comp insurance that covers all employees, including seasonal hires. Only a few categories are exempt, such as:
Certain agricultural workers who earn under a specific wage threshold
Independent contractors (though this classification is often misused)
Volunteers (in most cases)
Domestic workers in private homes (with exceptions)
If you are unsure about your classification or suspect that your employer is trying to avoid coverage by labeling you a “contractor,” our workers’ compensation lawyers in PA can investigate your case.
How to Prove You Are Eligible for Workers’ Comp as a Seasonal Worker
Injured seasonal workers should take several steps to ensure their eligibility and protect their rights:
Report the injury immediately to your supervisor or manager.
Request medical attention and notify the treating provider that the injury happened at work.
Document the injury, including where, when, and how it occurred.
File a claim promptly—you typically must report your injury within 21 days and file a claim within three years.
Consult a Pennsylvania work injury attorney if your employer denies your status or your injury.
Delays or missteps in this process could impact your ability to collect benefits. That is why we encourage seasonal workers to speak with a lawyer early.
What Benefits Are Seasonal Workers Entitled to in Pennsylvania?
If your injury is approved for benefits, you may be entitled to the same types of compensation as a full-time employee:
Medical coverage for doctor visits, treatment, surgery, prescriptions, and rehabilitation
Wage loss benefits (also called temporary total disability) if you cannot work due to the injury
Specific loss benefits for permanent loss of a body part or function
Death benefits for surviving family members, if the injury is fatal
Wage loss benefits are typically calculated based on your average weekly wage (AWW), which may be more complex for seasonal workers. Our workers’ compensation attorneys in Carlisle, PA, can help ensure your wages are calculated accurately and fairly.
What If My Employer Says I Am Not Covered?
It is not uncommon for employers to misclassify seasonal workers as independent contractors to avoid paying benefits. However, in many cases, these classifications do not withstand legal scrutiny.
Pennsylvania uses multiple factors to determine whether a worker is genuinely independent, including:
Who controls your work and schedule?
Are you allowed to work for others?
Do you use your tools or the company’s?
Is your pay project-based or hourly?
If your employer dictates your schedule, provides your tools, and pays you hourly, you are likely an employee—even if the job is seasonal. If you suspect your employer is wrongfully denying your claim, we urge you to contact our office.
Seasonal Agricultural Workers: Are They Treated Differently?
Agricultural workers in Pennsylvania may be exempt from mandatory coverage if they:
Work less than 30 days in a year, and
Earn less than $1,200 from that job
However, many farms carry coverage voluntarily, and larger agricultural operations are often required to have workers’ comp insurance. If you work in agriculture and suffer an injury, you should still explore your rights.
Our firm has helped many agricultural workers navigate this complex area of the law. Even if you believe you fall under an exception, do not assume you are disqualified.
What If My Job Ends Before I File a Claim?
Seasonal jobs end quickly—but that does not mean your right to compensation disappears. If you were injured while working and can prove it, you can still file a claim even after the job ends. Many seasonal workers overlook the full impact of an injury until after they leave the position.
That said, timing is critical. The sooner you speak with a Pennsylvania work injury attorney, the better your chances of a successful outcome.
Can Undocumented Workers Receive Workers’ Comp in PA?
Yes. Pennsylvania law provides workers’ compensation benefits to all employees, regardless of immigration status. If you are undocumented and injured on the job, you are still entitled to medical benefits and partial wage replacement.
You should not fear reporting a workplace injury. Our legal team treats every client with dignity and respect. We fight to protect workers—seasonal or otherwise—from unsafe practices and unlawful treatment.
How Mooney Law Helps Injured Seasonal Workers
At Mooney Law, we recognize that seasonal workers are frequently overlooked in terms of workplace protections. Our team has represented injured workers across Pennsylvania, including those in Carlisle and surrounding areas, who were denied benefits simply because they were temporary employees.
We can help you:
Determine if you are eligible for workers’ comp
File your claim correctly and on time
Challenge a denial or low settlement
Protect your rights if you are misclassified as a contractor
Pursue all available benefits, even after the season ends
You do not have to go through this process alone. Our workers’ compensation attorneys in Carlisle, PA, will stand with you from the first consultation to the final resolution of your claim.
FAQ: Seasonal Workers and Workers’ Compensation in Pennsylvania
Q: Can I file for workers’ comp if my seasonal job ended already?
Yes. As long as the injury occurred during your seasonal employment, you can file even after the job ends. You have up to three years to formally file, but reporting it within 21 days is crucial.
Q: What if I signed a waiver or contract saying I am not eligible?
Waivers that attempt to strip away workers’ compensation rights are generally not enforceable in Pennsylvania. If you were an employee, you are likely covered.
Q: How is my compensation calculated if I only worked a few weeks?
The average weekly wage (AWW) for seasonal workers can be based on your actual earnings during the season, your wage rate, or, in some cases, prior earnings in the same job. We help ensure that your AWW is calculated accurately and reasonably.
Q: My employer says I am a contractor. Can I still get workers’ comp?
Possibly. Many so-called “contractors” are misclassified as such. If you do not manage your work schedule or utilize your tools, you may be considered an employee. Our attorneys can help evaluate your classification.
Q: Do I need a lawyer to file a workers’ comp claim?
You are not legally required to have an attorney, but representation can make a significant difference—especially if your claim is denied or your employer disputes your status. Our workers’ comp lawyers in PA offer free consultations and only get paid if we recover benefits for you.
Get the Help You Deserve
Seasonal workers keep Pennsylvania’s economy moving—but too often, they are left without support after an injury. At Mooney Law, we believe in fighting for the rights of every worker, regardless of job title or length of employment.
If you were hurt during a seasonal job, contact our office today to schedule a free consultation with a workers’ compensation attorney in Carlisle, PA. Let us help you get the benefits you are legally entitled to—so you can focus on healing and moving forward.
Planning for the future is never easy, especially when it involves our parents. Discussing topics such as wills, trusts, health care directives, and long-term care
Workplace injuries can happen when you least expect them—whether you’re on a construction site, in an office, or driving a company vehicle. When they do,
A back injury at work can change everything. Whether you’re stacking heavy boxes in a warehouse, assisting patients in a hospital, or spending long hours
