Jobs that can only be carried out during certain seasons of the year are considered seasonal in nature. In these situations, a seasonal worker who is injured on the job is paid differently than a continuous worker in Nebraska workers’ compensation. Instead of being paid 2/3 of his/her average weekly wages based on the 26 weeks before the injury, work comp benefits for a seasonal employee are paid based on one-fiftieth of the total wages earned from all occupations during the year immediately before the accident (see § 48-126).
However, if calculating a seasonal worker’s wages that way does not fairly represent the seasonal worker’s actual wages, then the period for the wage calculation “shall be extended so far as to give a basis for the fair ascertainment of his or her average weekly earnings.”
The difference in calculation could make a huge difference in actual workers’ compensation benefits for a seasonal worker, but it’s not always easy to determine what is and is not considered “seasonal.” In Nebraska, “seasonal” means that the job can only be carried out during certain seasons but does not include jobs that can be carried out during the entire year. For example, road construction labor can be considered seasonal unless the job requires working in the winter months, manufacturing road materials and repairing equipment. In other words, determining what is seasonal is very fact-intensive. Therefore, if you are injured at work and your job might be considered seasonal, it would be best for you to contact a lawyer to ensure that you are being paid fairly at the seasonal worker rate rather than 2/3 of your average weekly wage.