Wayne Michigan Unpaid Interns May be Eligible for Worker's Compensation
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FAQ
What's covered? In Arizona, workers' comp covers all medical expenses to heal the work-related injury or illness. It can also provide some of the missed wages when injured workers need time off to recover. Coverage requirements in Arizona say you must provide workers' comp for full-time and part-time workers.
Workers' compensation laws apply a broad definition of the word employee and may cover interns regardless of whether they are paid or not. Accordingly, interns whether paid or unpaid are eligible for workers' compensation benefits in most cases.
Arizona Workers' Compensation Requirements Companies with one or more full or part-time employees are required to buy workers' compensation insurance in Arizona. Sole-Proprietors and Partners are automatically excluded from coverage.
Interns usually must be paid, but there are limited circumstances when they may be unpaid. The Department of Labor Standards (DLS) determines who can work as an unpaid intern.
Under Arizona law, it is mandatory for employers to secure workers' compensation insurance for their employees. Workers' compensation is a no fault system in which an injured employee is entitled to receive benefits for an industrial injury, no matter who caused the job-related accident.
Unless all of the following criteria are met, the intern is legally an employee, who must be paid the minimum wage, earn overtime, and receive all of the other protections guaranteed by state and federal employment laws: Interns cannot displace regular employees.
Although they perform the same type of work as paid employees, the interns or students are awarded college credit and experience. So, they may be covered by workers' compensation if they get hurt while working.
California rules for an unpaid internship The intern can't get employee benefits, such as insurance or workers compensation. The employer must instruct the intern to operate in a specific industry, not only a particular firm. After recruiting, the company has to be upfront about the unpaid nature of this position.
In California, unpaid internships are legal as long as the employer follows specific rules and requirements. For starters, the intern must be the primary beneficiary and not the employer. The law recognizes the need for students to gain valuable work experience in their chosen field before they graduate.
Unpaid internships are legal if the intern is the primary beneficiary of the arrangement as 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 at least minimum wage.
