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November 22, 2025

Can Seasonal Employees Get Workers’ Comp in Van Nuys?

Every year, as the holiday season approaches, Van Nuys and surrounding areas buzz with activity. Retail stores hire extra cashiers and stockers, delivery companies add more drivers, and warehouses extend shifts to keep up with demand. For many local residents, these short-term or part-time jobs are a welcome source of extra income during the holidays.

But with the fast pace of seasonal work comes a downside — rushed conditions, minimal training, and long hours can quickly lead to workplace injuries. From lifting heavy boxes in a warehouse to slipping on a wet floor in a restaurant kitchen, accidents are more common than many realize.

That leads to an important question: Are seasonal employees entitled to workers’ compensation benefits if they’re injured on the job in California?

The short answer is yes. Under California law, seasonal, temporary, and part-time workers generally have the same rights to workers’ compensation benefits as full-time employees. If you’re injured while performing your job duties, you can often recover benefits for medical treatment, lost wages, and more.

Understanding Workers’ Compensation in California

What Workers’ Compensation Is

California’s workers’ compensation system provides several key benefits to employees injured while performing their job duties. These include:

  • Medical care: Coverage for necessary treatment related to your injury.
  • Wage replacement: Temporary disability payments if you can’t work while recovering.
  • Permanent disability benefits: If your injury causes lasting impairment.
  • Job retraining or vouchers: If you can’t return to your previous job due to your injury.

Unlike a personal injury claim, workers’ comp does not require you to prove your employer was negligent. You’re covered simply because the injury happened in the course of your employment.

Who Is Covered Under California Law

California Labor Code §3351 defines an “employee” very broadly. This includes full-time, part-time, and seasonal workers — essentially anyone who performs services for pay under an employer’s direction.

That means if you’re hired by a retailer, delivery service, warehouse, or catering company — even for just a few weeks — you are generally entitled to workers’ compensation protection from your first day on the job.

The main exception applies to independent contractors, who are typically not covered. However, many workers are wrongly classified as independent contractors when they should legally be employees. If you’ve been told you’re not eligible for benefits, it’s worth speaking with a California workers’ compensation lawyer to review your employment status.

What to Do If You’re Injured as a Seasonal Employee

Report the Injury Immediately

The first and most important step is to report your injury to your employer right away. In California, you must give notice of a workplace injury within 30 days of the incident — ideally, as soon as possible.

Notify your employer in writing and keep a copy of your report for your records. If you wait too long, you could lose eligibility for certain benefits or face delays in your claim.

Prompt reporting also ensures that your employer can file the proper paperwork and begin providing medical treatment through their workers’ compensation insurance.

Seek Medical Attention

After reporting your injury, your employer must give you access to an approved medical provider. This is a doctor or clinic authorized by their workers’ compensation insurance carrier.

Even if your injury seems minor, seek medical treatment right away. Document every visit, diagnosis, and recommendation — these records are essential for your claim. Follow your doctor’s instructions closely and attend all appointments to support your recovery and demonstrate that you’re taking your health seriously.

Proper documentation can make or break your holiday worker injury claim, especially if your employer or the insurance company later questions how serious your injury is.

File a Workers’ Compensation Claim (Form DWC-1)

Your employer is required to give you a DWC-1 claim form within one working day after learning about your injury.

Complete your portion of the form as soon as possible and return it to your employer. They will then forward it to their insurance carrier. This officially starts your workers’ compensation claim.

If your employer fails to provide you the form or delays the process, don’t hesitate to contact a California workers’ compensation lawyer for guidance. Legal help ensures your rights are protected and your claim is properly filed.

Contact a Workers’ Compensation Attorney

Even though California’s system is designed to help workers, the reality is that employers and insurance companies often make it difficult for seasonal employees to get benefits.

An experienced workers’ compensation attorney can:

  • Make sure your paperwork is completed and submitted correctly.
  • Communicate directly with the insurance company on your behalf.
  • Protect you from retaliation or denial of benefits.
  • Maximize the value of your claim and ensure you receive the care and compensation you deserve.

At Tim D. Wright Law, our team represents seasonal and temporary workers across Van Nuys and the San Fernando Valley who’ve been hurt on the job. We know the tactics employers use to deny or delay claims — and we know how to fight back.

Benefits Seasonal Workers May Be Entitled To

If you’re a seasonal employee injured while working, you may be entitled to the same benefits as any full-time worker. California law does not reduce your rights because your employment was temporary.

Here are the benefits you may qualify for:

  • Medical Benefits: Full coverage for treatment, surgery, medication, and rehabilitation related to your work injury.
  • Temporary Disability Payments: Partial wage replacement while you recover and are unable to work.
  • Permanent Disability Benefits: Compensation for lasting injuries or impairments that limit your ability to work.
  • Job Displacement Benefits: Retraining or education vouchers if you can’t return to your previous type of job.
  • Death Benefits: Financial support for dependents if a worker tragically loses their life due to a workplace accident.

The duration of your job doesn’t determine your rights — your employee status does. If you’re classified as an employee under California law, you’re protected by the state’s workers’ compensation system, no matter how short your employment period was.

What If Your Employer Claims You’re Not Eligible?

Misclassification Issues

Many seasonal workers are incorrectly labeled as independent contractors, which excludes them from benefits.

However, California law uses the ABC test to determine employment status. Under this rule, you are presumed to be an employee unless your employer can prove that:

  1. You’re free from their control in how you perform your work.
  2. You perform work outside their usual business.
  3. You run your own independent business doing similar work.

If these conditions aren’t met, you’re likely an employee — and entitled to full workers’ compensation protection.

Employer Doesn’t Have Workers’ Comp Insurance

California law requires nearly every employer, no matter how small, to carry workers’ compensation insurance.

If your employer doesn’t have coverage, you may still be able to obtain benefits through the Uninsured Employers Benefits Trust Fund (UEBTF) — a special program that helps injured workers when their employers break the law.

This process can be complex, but a skilled workers’ compensation attorney can help you file a claim through the UEBTF and ensure you receive the care and compensation you deserve.

Importance of Legal Guidance

Workers’ comp law can be confusing — especially for short-term or seasonal workers. Employers and insurance carriers often take advantage of that confusion.

An experienced attorney can help by:

  • Investigating your employment classification.
  • Identifying all available sources of coverage.
  • Challenging denials or delays.
  • Ensuring you receive every benefit you’re entitled to under California law.

At Tim D. Wright Law, we handle all communication with insurers, gather medical and employment evidence, and guide you through each step of the process so you can focus on recovery.

Every Worker Deserves Protection — Even for a Short Season

Seasonal jobs can be a great way to earn extra income, but they should never come at the expense of your health or safety. If you were injured while working temporarily — whether in a warehouse, retail store, restaurant, or delivery position — remember this: California law protects you just like any other employee.

You have the right to receive medical care, wage replacement, and other benefits through the state’s workers’ compensation system. You also have the right to challenge a denial or delay if your employer or insurer fails to treat you fairly.

Whether your injury was caused by a slip and fall, lifting accident, or work-related car crash, Tim D. Wright and his team are here to help you get the benefits and peace of mind you deserve. Our goal is to take the stress off your shoulders so you can focus on what matters most — your recovery.

Contact Information

📍 Van Nuys Office:
16555 Sherman Way, Suite B2
Van Nuys, CA 91406

📍 Burbank Office:
1112 W. Burbank Blvd., Suite 302
Burbank, CA 91506

📞 Workers’ Comp: (818) 428-1080
📞 Personal Injury: (323) 379-9995

✉️ Email: firm@timwrightlaw.com
🌐 Website: www.timwrightlaw.com

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