If you are a seasonal worker—such as a farm worker, landscaper, construction worker, or retail worker—you live with the uncertainty of finding another job when your temporary one ends. The financial stress on you and your family can mount if you are injured at your seasonal job and must miss work and incur expensive medical bills that you cannot afford to pay. However, you could be entitled to benefits under New Jersey’s workers’ compensation.

Seasonal Workers Can Receive Benefits If They Are Considered an Employee

New Jersey’s workers’ compensation law requires to you be an employee in order to qualify for benefits. The law specifically provides that domestic and farm workers—often seasonal employees—are included. As a seasonal worker, you could be an employee if your employment meets these two requirements:

  • Your employer retains the right to supervise you and to control the work that is done and how it is done.
  • You rely on the income you receive from your employer and perform work that is an integral part of the activities of your employer.

New Jersey’s workers’ compensation law covers some situations that are not considered typical employment relationships. Important things to keep in mind include:

  • This law defines an employee more liberally than New Jersey’s unemployment compensation law and the Internal Revenue Code.
  • Independent contractors are not considered employees.
  • A contract or other agreement between your employer and you is not determinative of whether you are considered an employee.

If you are a seasonal worker and suffered a workplace injury or a family member was killed on the job, you need an experienced workers’ compensation attorney who knows whether you are considered an employee. I have been helping people like you get the benefits they were entitled to for over 20 years. Call me at 877-360-0183 to schedule a free, no-obligation consultation to learn how I can assist you.

Manfred Ricciardelli
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Morristown Workers' Compensation Lawyer
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by Aslam November 22, 2016 at 01:47 PM
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