Once the holiday season comes around, work opportunities arise, with many Nebraska residents taking retail or warehouse roles for a few weeks of extra holiday pay. While many assume that “temporary” means “no coverage,” this could not be further from the truth in most cases.
Employee rights
According to the Nebraska’s Workers’ Compensation Act (Neb. Rev. Stat. § 48-115), the definition of employee also includes part-time and seasonal workers. Contract duration doesn’t affect coverage, which means that employers must insure even a single W-2 worker. Only true independent contractors (1099 status) are exempt from mandatory coverage.
This means that retail or warehouse workers who clock in, follow a manager’s directions and use company tools are considered employees under state law. If this is your case and your employer tries to misclassify your status as a contractor to avoid insurance responsibilities, you have the right to challenge it and seek legal assistance.
Benefits after an accident
If you have been involved in a workplace incident (like a slip and fall accident or a repetitive strain injury due to lifting heavy boxes), you might have to calculate your Average Weekly Wage (AWW) for Temporary Total Disability (TTD) benefits. Be aware that for seasonal jobs, weekly wages are calculated as one-fiftieth of the total earnings from the past year, unless this method is unfair due to special circumstances. Then, the calculation period can be adjusted for accuracy.
Getting legal help
Seasonal workers have full benefits under Nebraska law, so if your claim is delayed or undervalued, you might need to contact a law firm as soon as possible for a consultation.