If you are hurt at work as an independent contractor, you may be wondering if you can receive NJ Workers' Comp benefits for your injuries. When you started your job, you probably signed a document agreeing that you are an independent contractor. Your employer may try to use this agreement to say that you are not really one of their employees. However, in New Jersey, employers don't get to define employment – state law does.
After signing the agreement, your employer's insurance carrier will probably deny your NJ Workers' Compensation claim. However, the judge may disagree with their decision. New Jersey Workers' Compensation law understands that employers and employees do not have equal bargaining power. If they were able to, employers would have all employees sign independent contractor agreements. That way, they could avoid their obligations to the law.
When determining if you are an employee or independent contractor, the judge may consider whether:
- Your job is an essential part of your employer's business
- You work full-time or part-time
- You depend on the company for income
- Your company controls the way you perform your job
If the judge finds that you are indeed an employee, you will be entitled to full workers' compensation benefits. These benefits may include payment for your medical bills and lost time at work. If you never fully recover from the accident, you may also receive monetary compensation for your injuries.
When filing a NJ Workman's Comp claim as an independent contractor, you should have a Morristown workers' compensation attorney on your side. Manfred Ricciardelli has been through this before. He has 20 years of experience representing injured NJ workers. He will argue on your behalf to make sure that you are treated fairly and get the benefits you deserve. Setting up a free consultation is easy – just call our office at 973-285-1100 or fill out our online contact form.