Seasonal jobs may last only a few weeks or months, but that does not mean seasonal employees have fewer protections when they get hurt at work. In New York, seasonal employees generally must be covered by workers' compensation when they work for an employer that is required to carry coverage.

The length of the job is not what determines eligibility. A worker hired for the summer, the holiday season, or another temporary period can potentially receive workers' compensation benefits for a qualifying work-related injury or illness.

Most for-profit businesses in New York are required to carry workers' compensation insurance for their employees, including seasonal workers. There are exceptions for some categories of work and employment, but seasonal status by itself is not an exception.

Seasonal employment can, however, affect other parts of a claim. How the worker's average weekly wage is calculated, how an injury is classified, and which reporting or filing deadlines apply can all become important.

Key Takeaways About Workers' Compensation for Seasonal Employees in New York

• Seasonal employees generally qualify for workers' compensation when they work for a New York employer that is required to carry workers' compensation insurance.
• New York does not impose a general minimum length of employment before a seasonal worker can qualify for coverage.
• Seasonal employment may affect how a worker's average weekly wage is calculated for lost-wage benefits.
• A condition that develops over time is not automatically an occupational disease. How an injury is classified can affect notice and filing requirements.
• New York generally requires workers to notify their employer of an accidental injury within 30 days and file a workers' compensation claim within two years, although exceptions and different rules may apply.
• Seasonal agricultural workers can also be covered under New York's workers' compensation system.

Can Seasonal Employees Get Workers' Compensation in New York?

Yes. The New York Workers' Compensation Board specifically identifies seasonal employees among workers who generally must be covered by workers' compensation insurance when they work for a covered for-profit business.

The Board places seasonal workers in the same general category as full-time, part-time, temporary, casual, leased, and borrowed employees.

That means a worker does not lose workers' compensation protection simply because the job is expected to end after a busy season. Someone hired to work at a restaurant for the summer, stock stores during the holidays, maintain properties during landscaping season, or perform another short-term job may still be entitled to workers' compensation benefits after a work-related injury.

New York's workers' compensation law generally requires covered employers to provide benefits for disability or death resulting from an injury arising out of and in the course of employment, subject to statutory exceptions. Workers' Compensation Law § 10 establishes that basic rule.

The important distinction is between being covered by workers' compensation and having a compensable claim. Seasonal status does not ordinarily prevent coverage, but the worker must still establish that the injury or illness is sufficiently connected to the employment.

Is There a Minimum Length of Employment for Seasonal Workers' Compensation?

New York does not impose a general rule requiring a seasonal worker to remain employed for a certain number of days, weeks, or months before workers' compensation coverage can apply.

A worker who is injured shortly after starting a seasonal job may still qualify if they are an employee of a covered employer and the injury is work-related.

The short duration of employment may become relevant later, particularly when the Workers' Compensation Board calculates the worker's wages for benefit purposes, but it does not by itself disqualify the worker.

Worker classification can also matter. A business may describe someone as an independent contractor even though the actual working relationship looks more like employment. The Workers' Compensation Board explains that most people providing services to a for-profit business are considered employees when they work under the employer's supervision, direction, and control.

A label in a contract does not necessarily resolve the issue.

How Is Average Weekly Wage Calculated for a Seasonal Employee?

Average weekly wage, often called AWW, is important because New York uses it when calculating lost-wage benefits.

For someone who has worked steadily for the same employer for much of the preceding year, calculating AWW may be relatively straightforward. Seasonal workers present a different situation because they may have worked only a portion of the year.

New York law provides alternative methods for calculating wages when the usual calculation would not fairly represent the worker's earnings.

The Workers' Compensation Board explains that when a worker generally worked four days per week or was a seasonal worker, average weekly wage may be calculated by dividing the worker's total earnings by the number of days worked, multiplying that figure by 200, and then dividing by 52.

If the injured employee has only worked for the employer for a short period, wage information from another employee performing the same or similar work may also be relevant to the calculation.

This matters because a seasonal worker's benefit should not necessarily be based simply on averaging a handful of weeks of earnings without considering the wage-calculation rules that apply to short-term or seasonal employment.

For qualifying disabilities, New York generally pays lost-wage benefits based on the worker's average weekly wage and degree of disability. For injuries occurring from July 1, 2026, through June 30, 2027, the statutory minimum weekly benefit is $384.45, although a worker whose actual weekly wages are lower generally receives their actual wages rather than the $384.45 minimum.

The Workers' Compensation Board provides additional information about lost-wage benefits.

Does It Matter Whether a Seasonal Work Injury Happened Suddenly or Developed Over Time?

Yes. The way an injury develops can affect how New York classifies the condition, which in turn can affect the legal rules that apply.

An accidental injury commonly involves a specific workplace event, such as lifting something heavy, falling, being struck by equipment, or otherwise being injured during a particular incident.

An occupational disease is different. Under New York law, an occupational disease generally must result from the nature of the employment and have a recognizable connection to a distinctive feature of the worker's job.

A condition is therefore not automatically considered an occupational disease simply because it developed gradually or after repetitive work.

A New York appellate case involving a seasonal employee illustrates why this distinction matters.

In Matter of Yonkosky v. Town of Hamburg, a college student worked for approximately three months as a seasonal highway laborer and later sought workers' compensation for a shoulder condition.

The Workers' Compensation Board had classified the condition as an occupational disease. The Appellate Division reversed, however, after concluding that the evidence showed the worker's pain began during a specific incident while unloading a heavy wheelbarrow of asphalt. The court determined that the condition should instead have been classified as an accidental injury.

The case is useful for seasonal workers because the short length of employment did not prevent the claim. Instead, the dispute centered on how the injury occurred and how it should be legally classified.

What Deadlines Apply to a Seasonal Workers' Compensation Claim?

Seasonal workers are subject to the same general reporting and filing requirements that apply to other covered employees.

For an accidental injury, New York generally requires the worker to notify the employer within 30 days. The Workers' Compensation Board recommends reporting an injury as soon as possible.

Missing the 30-day notice period can jeopardize a claim, although New York law recognizes limited circumstances in which late notice may be excused, including situations where the employer already knew about the accident or was not prejudiced by the delay.

For most accidental injuries, the worker generally has two years from the date of the accident to file a claim with the Workers' Compensation Board.

Occupational disease claims follow different timing rules based in part on when the worker became disabled and when the worker knew or should have known that the condition was related to employment.

That distinction is another reason the legal classification of a work-related condition can matter.

Seasonal workers should not assume they can ignore these deadlines simply because the job has already ended. A claim can continue after the employment season is over, but applicable reporting and filing requirements still apply.

What If the Seasonal Job Ends Before the Worker Recovers?

The end of a seasonal job does not automatically end an existing workers' compensation claim.

A worker may still require medical treatment, have an unresolved claim before the Workers' Compensation Board, or be evaluated for continuing disability after the scheduled employment period ends.

The effect on lost-wage benefits can be more complicated. Wage-loss entitlement depends on factors such as the worker's disability, earning capacity, average weekly wage, and individual employment circumstances. The fact that the seasonal position would have ended does not necessarily resolve those issues by itself.

For that reason, workers whose season ends while they are still unable to work may need a closer review of how New York's wage-benefit rules apply to their particular circumstances.

Are Seasonal Farm Workers Covered by Workers' Compensation in New York?

Yes. Seasonal agricultural employment should not be treated as a general exception to workers' compensation coverage.

New York expanded workers' compensation protections for farm laborers through the Farm Laborers Fair Labor Practices Act, with the expanded coverage taking effect in 2020.

As a result, a worker hired seasonally to perform agricultural work may also qualify for workers' compensation if injured in the course of covered employment.

The particular circumstances of the employment relationship and injury still matter, but working on a farm does not by itself place a seasonal worker outside New York's workers' compensation system.

What If an Employer Says Seasonal Workers Are Not Covered?

An employer's statement does not determine whether New York workers' compensation law applies.

The Workers' Compensation Board expressly includes seasonal employees among workers who generally require coverage when employed by a covered for-profit business.

If an employer or insurance carrier disputes whether someone was an employee, whether an injury was work-related, or whether benefits are owed, the dispute may be resolved through the Workers' Compensation Board.

A Workers' Compensation Law Judge can consider medical records, wage information, testimony, employment documents, and other evidence when deciding contested issues.

Workers who have been classified as independent contractors, who have only worked for the employer briefly, or whose seasonal job has already ended may face additional questions about employment status or benefits.

Frequently Asked Questions About Seasonal Workers' Compensation in New York

Can I get workers' compensation if I was injured during my first week of a seasonal job?

Potentially, yes. New York does not impose a general minimum employment period before a covered seasonal employee can qualify for workers' compensation. The key questions are whether the worker was an employee of a covered employer and whether the injury arose out of and in the course of employment.

Can I receive workers' compensation if I was hired through a staffing agency?

Yes, workers hired through staffing agencies can be covered by workers' compensation. Depending on the arrangement, there may be a question about which company is legally responsible for coverage or administration of the claim.

What happens if my seasonal job ends after I get hurt?

The end of the employment season does not automatically terminate a workers' compensation claim. Medical treatment, hearings, disability issues, and other parts of the claim may continue after the job ends. Lost-wage benefits can require a more individualized analysis.

Does a repetitive-use injury automatically count as an occupational disease?

No. A gradually developing condition is not automatically an occupational disease under New York law. Occupational disease generally requires a recognizable connection between the condition and a distinctive feature of the employment.

What if my employer says seasonal employees do not qualify for workers' compensation?

The employer's statement is not controlling. The New York Workers' Compensation Board specifically identifies seasonal employees among workers who generally must be covered by covered for-profit employers.

Brandon J. Broderick Helps Injured Seasonal Workers Understand Their Rights in New York

A short-term job does not necessarily mean short-term legal protections. Seasonal workers in New York can generally qualify for workers' compensation just like other covered employees, even when they have only been on the job for a brief period.

Seasonal employment can still create unique questions about average weekly wage, employee classification, injury classification, and benefits after the job ends.

If you were injured while working a seasonal job, Brandon J. Broderick, Attorney at Law can review the circumstances, explain how New York's workers' compensation rules may apply, and help you understand the next steps. Contact our team to discuss your situation.