Kansas Unpaid Interns May be Eligible for Worker's Compensation

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If your organization helps students and recent graduates gain work experience by offering internships, be aware that even interns who aren't paid could be eligible for workers' compensation.

Kansas Unpaid Interns May be Eligible for Worker's Compensation: In the state of Kansas, unpaid interns may have the opportunity to avail themselves of worker's compensation benefits under certain circumstances. Worker's compensation is a form of insurance that provides medical benefits and wage replacement for employees who suffer work-related injuries or illnesses. Although unpaid interns typically do not receive monetary compensation for their work, they may still be eligible for worker's compensation benefits if they meet specific criteria. One type of Kansas unpaid intern who may qualify for worker's compensation is an intern who is injured during the course of their duties. Whether performing tasks at a corporate office or engaging in hands-on work in a physical environment, unpaid interns may encounter workplace accidents or incidents that result in injuries. Examples may include slip and fall accidents, exposure to hazardous substances, or even repetitive stress injuries. If the intern can prove that their injury was work-related, they may be eligible to receive worker's compensation benefits. Another type of unpaid intern who could potentially be eligible for worker's compensation is an intern who develops an illness due to their work conditions. This could apply to interns working in industries where exposure to toxic substances or hazardous environments is more likely, such as laboratories, construction sites, or healthcare facilities. If the intern can establish that their illness was caused by their work conditions and not by a pre-existing condition or some unrelated factor, they may be entitled to worker's compensation benefits. To determine eligibility for worker's compensation, it is crucial for unpaid interns to report any work-related injuries or illnesses to their supervisor immediately. The supervisor or the employer must then file a worker's compensation claim on behalf of the intern. Successful claims can provide interns with comprehensive medical coverage, including doctor's visits, hospital stays, surgeries, and prescription medications. Additionally, if an intern is unable to work due to their injury or illness, worker's compensation may cover a portion of their lost wages during the recovery period. It is important to note that the eligibility of unpaid interns for worker's compensation may vary depending on specific circumstances and individual cases. Each claim is evaluated on a case-by-case basis, considering factors such as the nature of the task performed, the internship program's structure, and the intern's relationship with the employer. It is advisable for unpaid interns in Kansas to consult an experienced worker's compensation attorney to understand their rights and determine the best course of action if they believe they qualify for benefits. In conclusion, unpaid interns in Kansas may be eligible for worker's compensation benefits if they sustain work-related injuries or develop illnesses. Whether it is an injury resulting from workplace accidents or an illness caused by hazardous conditions, eligible interns can receive medical coverage and wage replacement through the worker's compensation system. However, each case is unique, and it is crucial for interns to seek professional legal advice to ensure they receive the rightful compensation they deserve.

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FAQ

Unpaid Interns Interns are usually college students or recent graduates who work for a company on a temporary basis, often for academic credit. A company cannot be the primary beneficiary; an intern should not be replacing the work of an employee because the internship is for education and training purposes.

If you don't get the opportunity to ask those questions during or after the interview, consider doing so via email. Let them know how much you appreciate their time and ask if you can follow up with a few questions. At this point, simply ask them whether the internship is paid or unpaid.

There are no legal limits on the number of hours an unpaid intern over the age of 18 is allowed to work. For undergraduate students still in school, unpaid internship hours per week are usually limited to 10 to 20.

Unpaid internships are legal if the intern is the primary beneficiary of the arrangement. This is determined by the seven-point Primary Beneficiary Test. If an employer is the primary beneficiary, the intern is considered an employee under the Fair Labor Standards Act and entitled to minimum wage.

If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, that individual generally would be considered an employee under the FLSA.

Employers who hire unpaid interns face potential legal troubles, including costly class action lawsuits. Recently, unpaid interns brought a class-action lawsuit against Mary-Kate and Ashley Olsen's entertainment company, Dualstar Entertainment Group, LLC.

In California, Volunteers Cannot Be Harassed or Fired for Illegal Reasons. The California Fair Employment and Housing Act protects even unpaid interns and volunteers from illegal harassment and discharge.

In Texas, if a company has worker's compensation, interns are generally eligible for the same coverage as full-time employees.

Texas does not have separate regulations at the state level regarding unpaid internships. Instead, the Texas Workforce Commission advises employers to adhere to the six-prong test established by the DOL.

If an intern is placed with the employer for a trial period with the expectation that he or she will then be hired on a permanent basis, that individual generally would be considered an employee under the FLSA. Internships can be valuable for both the business and the intern.

More info

Employers who register with the U.S. Department of Labor may pay individuals who are at least 16 years of age 75% of the applicable minimum wage ... Although an intern may not be considered as a full employee of a business, by being paid, they should be eligible for workers' compensation ...By PC Rothschild · 2020 · Cited by 3 ? While wealthy students have the resources and capital to take up work without compensation, unpaid interns often may not have the means to provide for ... Under the DOL test, unless the employer met every factor in the six-part test, the DOL would find the failure to pay the intern violated the ... You can recover unpaid wages, overtime, and tips in Kansas if you know yourTo figure out if you are entitled to overtime pay for your work in Kansas, ... Hiring unpaid interns may violate state and federal labor laws.But if the intern's work benefits the employer, the intern should be ... More than 1 million Americans a year work as interns. Some of these work opportunities occur solely during the summer months; ... Internships can be paid or unpaid. State and federal labor laws provide a framework to understand when it is necessary to pay interns for the work they do. Unpaid internships may be legal if they pass the primarythe safe bet is to pay interns at least the minimum wage (thereby making them ... Are unpaid interns really just unpaid employees, workers who are gettingmay actually be impeded; The intern is not necessarily entitled to a job at the ...

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Kansas Unpaid Interns May be Eligible for Worker's Compensation