Are Landscapers Eligible for Workers’ Compensation?

Landscaping is a physically demanding profession, often involving strenuous activities like lifting heavy objects, operating machinery, and working in challenging weather conditions. Due to the nature of this work, these employees are susceptible to injuries on the job. How does Workers’ Compensation for landscapers factor in when that happens?

Workers’ Compensation is a form of insurance that provides wage replacement and medical benefits to injured employees while performing their duties. As a landscaper, you may be eligible for Workers’ Compensation benefits.

It is important to note that independent contractors may not be covered under Workers’ Compensation unless specific arrangements have been made with the company.

To qualify for these benefits, your injury must have occurred while you were engaged in work-related activities. Examples include operating machinery, lifting heavy objects, or slipping and falling on a client’s property. Injuries that occur while commuting to and from work typically are not covered under Workers’ Compensation.

Common Landscaping Injuries

Workers’ Compensation benefits may cover a wide range of job-related injuries and illnesses for landscapers, including but not limited to:

• Back injuries: Landscapers often perform heavy lifting tasks, like moving rocks, soil, or equipment. These repetitive lifting motions and awkward postures can lead to strains, sprains, and more severe back injuries, including herniated discs or spinal fractures. 
• Hand and arm injuries: Landscapers frequently use hand-held tools and machinery, like chainsaws and trimmers. Accidents involving these tools can result in lacerations, puncture wounds, or even traumatic amputations. Repetitive motions, such as gripping and twisting, can lead to carpal tunnel syndrome or tendonitis, causing pain and reduced dexterity.
• Heat-related injuries: Landscaping typically involves working outdoors in hot and humid conditions, especially during the summer. Prolonged exposure to high temperatures can lead to heat-related illnesses like heat stroke, which can be life-threatening without prompt treatment. Proper hydration and breaks in hot weather are also important.
• Falls: Landscapers frequently work at heights when pruning trees or installing landscape features. Falls from elevated surfaces can result in injuries ranging from minor bruises to traumatic brain injuries. 
• Chemical exposure: Landscapers often use pesticides, fertilizers, and other chemical agents to maintain landscapes. Exposure to these chemicals can occur through inhalation, skin contact, or ingestion, leading to acute or chronic health effects. 

You should immediately report any injury or illness to your employer to initiate the Workers’ Compensation claims process. Failure to report an injury in a timely manner could result in delays or denials of benefits. Seeking prompt medical attention is critical for documenting your injuries and establishing a connection to your work activities.

How Do I File a Workers’ Compensation Claim as a Landscaper?

You can take steps to ensure a smooth and successful Workers’ Compensation claim. First, report your injury to your employer immediately, preferably in writing, and provide details about how the injury occurred. Your employer should then provide you with the necessary forms to initiate the claims process.

Once you have completed the required paperwork, submit it to your employer’s Workers’ Compensation insurance carrier. Be sure to keep copies of all documents for your records. The insurance company will review your claim and may request additional information or medical records.

Follow your doctor’s orders and attend all scheduled medical appointments during this time. Failure to comply with the treatment could jeopardize your benefits. If your claim is approved, you may be entitled to compensation for medical expenses, lost wages, and disability benefits.

Do not panic if your Workers’ Compensation claim is denied. You have the right to appeal the decision and seek legal representation for the appeals process. An experienced Workers’ Compensation attorney can advocate for and fight for the benefits you deserve.

A Philadelphia Workers’ Compensation Lawyer at Freedman & Lorry, P.C. Can Offer a Free Consultation About Your Landscaping Work Injury

If you are an injured landscaper, contact Freedman & Lorry, P.C. Our skilled Philadelphia Workers’ Compensation lawyers can offer trusted legal guidance. Call 888-999-1962 or submit our online form to schedule a free consultation. Located in Philadelphia and Cherry Hill, New Jersey, we serve clients in Pennsylvania and New Jersey.