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Q
Can I file a workers’ compensation claim if I am a part-time employee?

A

While there are very specific criteria that must be met in order for an injury to be covered by workers’ compensation insurance in New Jersey, the general eligibility requirements can be broken down into three simple parts:

  • You must have been injured, and your injury was too serious to be treated with basic first aid.
  • You are an employee of your company who receives a standard paycheck with taxes deducted each pay period.
  • You were injured while performing your job.

Of course, workers’ compensation claims are a bit more complex than that, but the requirements are very simple. As a part-time employee, you are paid a wage or salary just like a full-time employee, and your paychecks have taxes deducted each time. This requirement generally rules out other types of employees, such as contractors, interns, and volunteers, but part-time employees and seasonal employees are included in the workers’ compensation insurance coverage.

Your Workers’ Comp Eligibility Depends on Your Employment as Well as Your Injury

Being an employee of your company is not enough to warrant workers’ compensation coverage on its own, however. In order to file a workers’ compensation claim, your injury must have occurred while you were performing the duties of your job. This means that if you were injured while you were on a lunch break or if you were fooling around on the job, your injury is not likely to qualify.

Many people, however, misunderstand requirements for qualifying injuries. Injuries that are your fault because you were acting negligently on purpose may not be covered, but just because the injury was your fault (say you made a mistake while operating a piece of equipment) does not mean that you will not be eligible for workers’ compensation coverage.

If You Have Been Hurt on the Job, Act Now to Pursue Your New Jersey Workers’ Comp Claim

If you are hurt within the scope of your employment, it is important that you report your injury to your supervisors as soon as possible, and seek immediate medical treatment. This will ensure that your workers’ compensation claim is started quickly, and that your own bases are covered.

An Attorney Help You File For Workers' Compensation

If your employer refuses to file your claim or says that your injury is not eligible for workers’ compensation, contacting a New Jersey workers’ compensation attorney should be your next step. My Morris Plains firm has helped hardworking men and women such as yourself get the compensation and benefits they deserve after a painful workplace injury—contact me today to schedule your free consultation.

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