If you sustained an on-the-job injury as a seasonal or part-time worker in North Carolina, you may qualify for workers’ compensation benefits. North Carolina law does not require workers to hold full-time positions to qualify for coverage. What matters most is whether your employer is subject to the insurance requirements under the North Carolina Workers’ Compensation Act and whether you meet the legal definition of an employee.
Still, there are some nuances to consider in these cases, such as the size of your employer’s workforce and the nature of your work arrangement. Talk to our North Carolina workers’ compensation lawyers right away to clarify your rights. We can review your case and explain the laws on workers’ compensation for part-time employees and seasonal workers.
Which Employers Must Carry Workers’ Compensation Insurance in North Carolina?
Most businesses that regularly employ three or more workers must carry workers’ compensation insurance or qualify as self-insured. If your employer meets these thresholds, part-time and seasonal staff members factor into that count the same way full-time employees do (N.C.G.S. § 97-2(1)).
However, some types of workers fall outside the Act’s requirements (N.C.G.S. § 97‑13), such as:
- Independent contractors
- Certain railroad employees
- Casual employees
- Domestic employees
- Farm laborers, if there are fewer than 10 full-time, non-seasonal employees
- Federal government employees
- Certain agricultural product sellers
What Determines Whether You Are an Employee?
Under N.C.G.S. § 97-2(2), the term “employee” describes anyone engaged in employment under any appointment, employment contract, or apprenticeship, whether that agreement is written, oral, express, or implied. This definition covers undocumented workers and minors, whether lawfully or unlawfully employed. Most importantly, it doesn’t exclude workers simply because their positions are part-time or seasonal.
Part-time and seasonal workers who might qualify as employees for workers’ compensation purposes include:
- Retail workers hired for holiday rushes
- Landscapers brought on for the summer season
- Office assistants working 20 hours a week
- Temp employees under a staffing agency
- Paid interns and apprentices
The law does carve an exception for workers whose employment is both “casual” and unrelated to their employer’s regular trade or business. In other words, if your normal job is working in your employer’s office, but he hires you to do some work on his house for an agreed sum of money, you might not qualify for workers’ compensation coverage. However, if you engage in recurring seasonal work tied to your employer’s core business, you should be covered (N.C.G.S. § 97-2(2)).
Independent contractors also generally are not covered by workers’ comp – something that some employers try to take advantage of. But in North Carolina, the nature of the working relationship matters more than the label (Hayes v. Board of Trustees of Elon College, 224 N.C. 11, 29 S.E.2d 137 (1944)). For instance, you might qualify for benefits if your employer controls when, where, and how you perform your work, provides tools and equipment, pays you an hourly wage, and treats you like an employee. On the other hand, if a homeowner hires you to paint his house, you are probably an independent contractor.
“If the defendant had three or more regularly employed employees, the fact that he fell below the minimum requirement on the actual date of injury would not preclude coverage” (Patterson v. L.M. Parker & Co., 2 N.C. App. 43, 48, 162 s.E.2d 571, 574 (1978)).
If you’re unsure whether your role meets the legal definition of a covered employee, our experienced attorneys can review your specific work arrangement and give you a more definitive answer. We can also help you fight any misclassifications to protect your right to the benefits you’re owed by law.
What Types of Workers’ Compensation Benefits Could You Receive?
If you were injured in an accident that arose in the course and scope of your employment as a part-time or seasonal employee, you may qualify for several types of workers’ comp benefits under North Carolina law, including:
- Medical compensation for reasonably necessary medical, surgical, and hospital care, along with rehabilitative services and medical supplies related to your injury (C.G.S. § 97-25).
- Wage replacement equaling two-thirds of your average weekly wage while you recover if your injury affects your ability to work (C.G.S. § 97-29).
- Disability benefits for permanent impairment resulting from qualifying workplace injuries
- Vocational rehabilitation to help with retraining, education, and job placement if your injury prevents you from returning to your previous work (C.G.S. 97-32.2, North Carolina Industrial Commission’s Rules for Utilization of Rehabilitation Professionals in Workers’ Compensation Claims).
How Are Workers’ Compensation Benefits Calculated for Part-Time Employees?
North Carolina law (N.C.G.S. § 97-2(5)) bases most wage-related benefits on your average weekly wage (AWW). That number typically reflects your gross earnings (what you earned before taxes, insurance, or anything else is taken out) over the 52 weeks before your injury, divided by 52.
Determining how to calculate workers’ comp for part-time employees and seasonal team members can differ from the process for full-time workers. Since your hours and income may fluctuate significantly throughout the year, the method depends on how long you worked for your employer before the injury occurred:
The method for calculating an injured worker’s average weekly wage is set out in N.C. Gen. Stat. § 97-2(5). That statute sets out a sequential analysis that is to be used in determining the appropriate average weekly wage. This analysis is as follows:
Method 1: If you worked for your employer for at least one full year prior to the injury and did not miss more than seven consecutive days of work, divide the gross wages (what you earned before taxes, insurance or anything else is taken out) earned in the year immediately preceding the date of injury by 52 weeks.
Method 2: If you worked for your employer for at least one full year prior to the injury and missed more than seven consecutive days of work, divide the gross wages earned in the 52 weeks immediately before the date of injury by the number of weeks you actually worked (leaving the weeks you didn’t work for whatever reason out of that number).
Method 3: If you did not work for your employer for at least one full year prior to the injury, divide the gross wages earned prior to the injury by the number of weeks or parts thereof worked, “provided, results fair and just to both parties shall be thereby obtained.”
Method 4: If the above methods cannot be practically used to calculate your average weekly wage due to the shortness of the employment or the casual nature of the employment, use the average weekly wage of a similarly situated employee of the same grade or class.
Method 5: If for exceptional circumstances none of the above methods would be fair to both you and your employer, the Industrial Commission may fashion a method of calculating the average weekly wage “as will most nearly approximate the amount which the injured employee would be earning were it not for the injury.” N.C. Gen. Stat. § 97-2(5). “Results fair and just, within the meaning of [N.C.G.S. 97-2(5)], consist of such average weekly wages as will most nearly approximate the amount which the injured employee would be earning were it not for the injury, in the employment in which he was working at the time of his injury” (Liles v. Faulkner Neon & Elec. Co., 244 N.C. 653, 94 S.E.2d790, 796 (1956)).
“The five methods are ranked in order of preference, and each subsequent method can be applied only if the previous methods are inappropriate” (Tedder v. A&K Enters., 238 N.C. App. 169, 174, 767 S.E.2d 98, 102 (2014)).
What happens if you get a raise right before you get hurt? In Ball v. Bayada Home Health Care, 255 N.C.App. 1, 803 S.E.2d 692 (2017) the worker who had been part-time, then full-time at $8/hour and injured herself on the first day on the job at $10/hour gets the higher wage to calculate her average weekly wage. The court emphasized that after the compensable injury, she continued to work for 3 months at the higher wage and increased hours before the injury forced her out of work. The Court focused on using a methodology that “will most nearly approximate the amount which the injured employee would be earning were it not for the injury”.
What if you are hurt while working for a temp agency? In Nay v. Cornerstone Staffing, 380 N.C. 33, 868 S.E.2d 25 (2022) the injured worker was employed by a staffing agency and was hurt two months into his assignment. The CEO of the staffing agency testified that at least 95% of its positions are “temp to perm” positions. The employer argued that his employment with the staffing agency was designed to be finite and not for 52 weeks.
The injured worker contended that his average weekly wage should be computed by Method 3 of N.C.G.S. 97-2(5). The employer argued that what he earned in the two months before he was hurt should be divided by 52 weeks, thus giving him an extremely low average weekly wage benefit. The North Carolina Supreme Court agreed with the employee, ordering the insurance company to pay him compensation based on an average weekly wage of what he earned in the two months he actually worked there divided by the number of weeks he actually worked there.
What if you are a seasonal employee? In Frank v. Charlotte Symphony, 255 N.C.App. 269, 804 S.E.2d 619 (2017) Ms. Frank was a violist who played for the Charlotte Symphony under a collective bargaining agreement. She earned just over $1000 per week, for a 33-week season, with an optional 4-week summer season. (She played three of those weeks in the relevant summer, which brought the total to 36 weeks) During the off-season, she played for an orchestra in New York, where she earned similar wages. The Court of Appeals decided that her average weekly wage should be calculated by taking the sum of what she earned that season ($36,000) divided by 52 weeks, resulting in an average weekly wage of $692.31, yielding a compensation rate of $461.54 (what she would actually be paid while out of work).
What if you are a teacher who only works 9 months out of the year? Conyers v. New Hanover Cnty. Schs., 188 N.C. App. 253, 654 S.E.2d 745 (2008) the Court of Appeals decided that when calculating a teacher’s average weekly wage what she earned for the 9 months she actually worked in the year should be divided by 52 weeks. Ms. Conyers got a much lower compensation rate.
What if you are working two jobs? An employee’s average weekly wage is calculated only from the job in which the employee was injured (McAninch v. Buncombe Cty. Schools, 347 N.C. 126, 132-34, 489 S.E.2d 375, 379-80 (1997)).
Our team can help you understand what compensation you are entitled to through a part-time or seasonal employee workers’ compensation claim.
Our Raleigh, NC Workers’ Compensation Attorneys Are Ready to Help
If you’ve been injured on the job in North Carolina, you deserve fair compensation for your recovery – regardless of how many hours are on your timesheet. The workers’ comp attorneys at Younce, Vtipil, Baznik & Banks are here to provide the legal support you need to navigate this complex system.
Our team brings over 100 years of combined experience helping injured workers and a track record of over $150 million recovered for our clients to date, including a $2,625,000 workers’ comp settlement.* When you come to us for help, you’ll work one-on-one with a licensed North Carolina attorney, and the lawyer you start with will usually stay with you through the life of your workers’ comp claim.
Here’s what one of our clients said about our work on their case:
“Excellent communication and was very effective in analyzing the situation and working diligently to resolve the issues. I was very pleased with the professionalism and expertise of the staff and highly recommend them.” – Theodocia Shabazz
If you still have questions about workers’ compensation eligibility for part-time employees, contact Younce, Vtipil, Baznik & Banks today for your free consultation.
*Each case is unique, and past results do not guarantee future outcomes.
