Misclassified Independent Contractor Work Injury
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An independent contractor typically refers to a worker who is self-employed. An independent contractor performs certain specific services to companies or persons, but is not considered an employee of the business or person that they are working for. Independent contractors effectively run their own business, working for multiple clients. Independent contractors do not have access to certain rights and benefits available to employees under the law, such as workers’ compensation benefits in the event of a work injury. Many actual contractors are willing to accept this price, but what happens when you are misclassified as an independent contractor? At Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC, our New Jersey misclassified independent contractor work injury lawyers have helped construction workers throughout NJ who have been injured on the job in order to collect the compensation they deserve.
Our experienced legal team has the knowledge and resources to help you obtain a positive outcome in your case. We can successfully pursue workers’ compensation or personal injury claims as necessary, including skillfully negotiating for a fair and full settlement. If necessary, we are also fully prepared to pursue your case in administrative hearings or at trial.
Don’t delay seeking financial compensation for your recovery from a work injury suffered as a misclassified independent contractor. Contact our firm for a free case review to speak with one of our knowledgeable work injury lawyers about your options as an injured independent contractor.
When you are hired to perform work, you may have signed or been given a document stating that you were either an employee or an independent contractor. However, this sort of written statement is not the final say on your status as an employee versus an independent contractor. Employers often misclassify their workers as independent contractors, whether in good faith or intentionally to avoid the costs of bringing on employees.
Courts and public agencies rely on various tests to determine whether a worker should be classified as an employee or an independent contractor. However, certain factors that are commonly looked at include:
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If you are properly classified as an independent contractor, you are ineligible to seek workers’ compensation benefits from the company you were injured working for.
However, if you are treated as an employee by the company you work for, you may be more properly classified as an employee and therefore may be entitled to file a claim for workers’ compensation benefits. Our experienced New Jersey misclassified independent contractor work injury lawyers can review the facts and circumstances of your work to determine your proper employment classification and help you pursue the financial compensation or benefits available to you.
Getting the financial resources you need for your recovery after a work injury can be incredibly complicated if you are classified as an independent contractor. As a contractor, you normally would have to file personal injury claims against those parties legally at fault for your work injury. In a personal injury claim, you may be entitled to recover compensation for your medical expenses, lost income and earning potential, and pain and suffering.
However, in certain circumstances the company that hired you for work may have misclassified you as an independent contractor when in reality, you are an employee entitled to workers’ compensation. When you’ve been misclassified, our experienced attorneys can help you to pursue the benefits guaranteed to all employees under New Jersey’s workers’ compensation system, including medical benefits, wage replacement, disability benefits, and vocational rehab.
Pursuing compensation for a work injury you suffered as a misclassified independent contractor can be a complex and difficult task. Turn to the New Jersey misclassified independent contractor work injury lawyers of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC today for a free, no-obligation case evaluation to discuss your legal rights and options following your work injury and to learn more about how we can help you secure maximum compensation and benefits for your recovery.
Not necessarily. Just because you have a contract or agreement that states you are working as an independent contractor does not mean you legally qualify as an independent contractor. Your employer may have misclassified your status; under the law, you may instead meet the definition of an employee and therefore may be entitled to workers’ comp benefits for a work injury.
Potentially. If you have been properly classified as an independent contractor, then the exclusive remedy rule under the workers’ compensation law does not apply, since you are not eligible for workers’ comp benefits as an independent contractor. You may be able to assert a premises liability or other personal injury claim against the party that hired you to do work that you were injured in performing if that party bears legal liability for causing your injuries.