What Constitutes an Employee When it Comes to NJ Workers’ Comp Benefits?
The New Jersey Workers Compensation System is in place to provide coverage for workers hurt on the job. Anyone injured at work is generally not permitted to sue an employer; instead they file for Workers’ Comp benefits.
However, the terms “workers” and are “employees” aren’t necessarily the same thing. While NJ employers are required by law to provide Workers’ Comp for employees, they often try to cut corners by mis-classifying workers to avoid high insurance premiums.
There are usually two ways an employer can attempt to get around providing Workers’ Comp benefits:
– Labeling a worker as an independent contractor; independent contractors are not entitled to NJ Workers’ Comp benefits by law.
– Limiting job duties or hours: Some jobs, including construction and other manual labor professionals, aren’t necessarily 40-hour a week gigs. In fact, employers can make workers take on light duty at times so they don’t have to report that the worker is doing risky work full time.
Who suffers when employers try to scam the system to avoid high premiums? The workers do, of course! If you are an “independent consultant” and you get hurt on the job, you have no recourse. You aren’t eligible for Workers’ Comp benefits and you likely have no insurance, as well.
Contact Jon Bramnick Law immediately for a review of your case. If you were misclassified and we can prove it, we can hold your employer responsible for your injuries. You will be able to get the medical treatment you need, lost wages and possibly more. Don’t delay.