Even Temporary Workers Have Rights, Here’s What to Know If You Get Hurt During a Holiday Job
Every year, North Carolina businesses ramp up hiring for the holidays, especially in retail, warehousing, food service, and delivery. But with more staff, longer hours, and higher stress levels comes a greater risk of workplace injuries.
If you’re working a seasonal job and get hurt, you may assume you’re out of luck because you’re “just temporary.” But that’s not how North Carolina workers’ compensation law works.
At Shankle Law Firm, we’ve helped many part-time and seasonal workers get the benefits they’re owed, even when their employers tried to downplay or deny the injury. Here’s what you need to know.
Are Seasonal and Part-Time Employees Covered by Workers’ Comp in NC?
Yes, most of the time, and here’s why:
Under North Carolina General Statutes Chapter 97, nearly all employees are covered by the state’s workers’ compensation system, including:
- Seasonal workers
- Part-time workers
- Temporary employees hired through staffing agencies
The law doesn’t exclude you just because your hours are limited or your position is short-term. If you were injured while performing your job, your employment status shouldn’t disqualify you from coverage.
Key Legal Reference: N.C. Gen. Stat. § 97-2(2) defines “employee” broadly and applies protections even to part-time and seasonal workers, unless a specific exemption applies.
Who Isn’t Covered? (And Why It Matters)
There are a few exceptions where North Carolina workers’ compensation coverage may not apply:
- Casual employees – People hired for brief, one-off tasks that aren’t part of a business’s regular operations (e.g., someone hired for a day to string lights on a private home).
- Farm laborers – If the farm employs fewer than 10 full-time, non-seasonal workers.
- Domestic servants – Workers employed directly by a household (e.g., a housekeeper for a private family).
- Independent contractors – But be careful: often workers are misclassified as independent contractors when they actually function like employees.
Misclassification as an independent contractor is common during the holidays, especially in delivery or event-based jobs. If your employer controls your hours, tools, and how you do the job, you may legally be an employee, even if they label you otherwise.
Common Holiday Job Injuries
Seasonal jobs often come with long hours, fast-paced environments, and minimal training, a recipe for workplace accidents.
Whether you’re working in retail, a warehouse, or food service, some of the most common holiday job injuries include:
- Warehouse accidents: back strain from lifting heavy packages, forklift incidents, or slips on loading docks
- Retail store injuries: stockroom falls, ladder accidents, or tripping over merchandise during busy sales
- Delivery-related injuries: car crashes, dog bites, slip-and-falls on icy steps
- Kitchen burns or lacerations: especially in fast-paced holiday catering or event staffing roles
- Overexertion and fatigue: leading to pulled muscles, falls, or repetitive stress injuries
The Data Confirms This Heightened Risk
New hires are significantly more likely to be injured. According to a Sentry Insurance analysis of over 22,000 workplace injury claims:
- 38% of all injuries occurred within a worker’s first year on the job, regardless of age
- This is especially relevant during the holiday season, when retailers and warehouses rapidly hire temporary help
- Meanwhile, the median employee tenure in retail has dropped by 14% over the past decade
In other words, if you’re a seasonal worker who has just started, the risks are real, and you're not alone.
Lack of training, fatigue, pressure to “keep up,” and unfamiliarity with safety protocols all contribute to this spike in injuries. And unfortunately, some employers may try to minimize or delay claims from short-term workers, hoping they’ll just move on.
What Benefits Could You Receive as a Seasonal Worker?
If you qualify under North Carolina’s workers’ compensation law, you may be entitled to:
- Medical treatment paid for by the employer’s insurance
- Partial wage replacement if you can’t work due to the injury
- Compensation for permanent disability if your injury results in lasting impairment
- Mileage reimbursement for travel to medical appointments
Note: Your part-time or seasonal status significantly affects how your wage replacement benefits are calculated, as compensation is based on your Average Weekly Wage (AWW). For employees who have worked fewer than 52 weeks, North Carolina General Statute § 97-2(5) provides a specific hierarchy of methods to calculate the AWW. Employers often try to minimize this amount, which is why legal counsel is vital to ensure fair compensation based on the statute's requirements.
What to Do If You’re Hurt While Working a Holiday Job
- Tell your employer right away: Report the injury in writing, even if they seem dismissive. You must also file a Form 18 with the North Carolina Industrial Commission to formally initiate your claim and protect your rights.
- Get medical care immediately: Let the doctor know it’s a work injury.
- Keep records: Save all forms, photos, prescriptions, and doctors’ notes.
- Don’t let them say “you’re not eligible”: Many employers incorrectly assume seasonal workers aren’t covered.
- Talk to a lawyer if something feels off: Especially if you’re pressured to quit, misclassified, or told your injury “doesn’t count.”
How Shankle Law Firm Helps Seasonal Workers Hurt on the Job
At Shankle Law Firm, we fight for workers who feel ignored or brushed aside just because they’re temporary.
We’ve helped North Carolina clients:
- Prove their employee status, even when misclassified
- Challenge denials based on part-time or staffing agency loopholes
- Get compensation for medical care and time missed from work
- Navigate disputes about their eligibility or average weekly wage
- Protect their rights through every step of the claims process
You don’t have to figure this out alone, and you don’t need to accept “no” for an answer without a legal review.
Part-Time or Seasonal? You Still Have Workers’ Comp Coverage
Working a holiday job shouldn’t mean giving up your right to a safe workplace or fair treatment after an injury. If you’ve been hurt on the job this season, you may have more legal protection than you think.
Call Shankle Law Firm for a free consultation today. We’ll help you understand your options and fight for the benefits you’re owed, no matter how short-term your job may be.
*Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704) 370-1212.