In Rhode Island, employees are eligible for workers’ compensation even if they do not work a standard 40-hour workweek. A part-time employee (someone who typically works less than 20 hours per week) is owed the full amount of necessary medical payment for his injuries, as well as a living accommodation based on his Average Weekly Wage (AWW).
Workers’ Compensation Considerations for Part-Time Workers
To calculate an injured part-time worker’s AWW, insurers are required to calculate earnings for the 26 consecutive weeks prior to the date of incapacity (not including the week of injury or the week of hire). If an employee works multiple part-time jobs, the AWW will be calculated based on wages earned from all employers for 26 weeks prior to injury.
Although wage calculations may differ slightly for other types of employees, being a part-time worker does not affect eligibility for workers’ compensation. In general, you will qualify for medical and wage loss benefits through workers’ compensation if you:
- Are an employee. As long as you are considered an employee rather than an independent contractor, it does not matter whether you are a full-time, part-time, or seasonal worker.
- Were injured in the scope of employment. Only injuries that have been sustained “in the course and scope of employment” will be covered by workers’ compensation. This can include a wide range of occupational injuries such as a sudden accident, repeated physical strain or trauma, or an illness caused by the conditions of the work environment.
- Have been out of work for at least three days. The Rhode Island Workers’ Compensation Act states that an insurer does not have to pay any wage losses for the first three consecutive days post-injury. However, the insurer is still liable for any medical expenses related to the injury incurred on those days.
If you are unable to work because of an injury on the job, the attorneys at Kirshenbaum & Kirshenbaum can examine the details of your case, answer your questions, and help you through your next steps. To speak with a member of our team, simply fill out the online contact form on this page.