Can Independent Contractors Get Workers’ Comp in New Jersey?
If you’re an independent contractor in New Jersey, you might wonder if you can get workers’ compensation if you’re hurt on the job. The short answer: Usually, no—but there are exceptions.
Most Independent Contractors Aren’t Covered
New Jersey law says that independent contractors don’t usually qualify for workers’ comp. These benefits are mostly for employees. But sometimes, even if you’re called a contractor, the law may see you as an employee.
When a Contractor Might Be Treated Like an Employee
If the company you work for controls how, when, and where you work, you might legally be an employee—even if your contract says otherwise.
The New Jersey Division of Workers’ Compensation looks at several things to decide your status:
- Does the company control your work?
- Do you work for other clients, or just one?
- Do you use your own tools and equipment?
- Can you hire your own helpers?
- Do you pay your own taxes and insurance?
If they decide you’re an employee, you may be eligible for workers’ comp if you’re injured.
What If You’re Not Eligible?
If you’re truly an independent contractor and get hurt on the job, you probably can’t get workers’ comp. But that doesn’t mean you’re out of options. You might be able to file a personal injury claim if someone else caused your injury—like the company you were working for or another party.
Beware of Misclassification
Some companies mislabel workers as independent contractors on purpose to avoid paying benefits. If you think this has happened to you, talk to a lawyer. You may have more rights than you think.
Injured and Not Sure What You’re Owed?
Workers’ comp law can get tricky—especially if you’re an independent contractor. Don’t try to figure it out alone.
Call Blair C. Lane, Sr., Attorney at Law at 609-472-1008 or visit njattorneyatlaw.com to set up a consultation and get help today.
