NEW JERSEY WORKERS' COMPENSATION
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HOW DOES WORKERS COMP WORK

Workers Comp works by providing security in the form of benefits to an injured worker. The benefits are designed to prevent economic disaster while unable to work and recover from a work accident. The benefits also allow the employer to manage risks of workplace injuries with insurance.

The benefits are:

  • Wage Benefit: Replacement of wages after placed out of work by an authorized treating physician. And while recovering from a work-related injury.

 

  • Medical Benefit: Medical costs and expenses associated with the workplace accident. And provided without cost to the employee. No copays or deductibles are chargeable to the employee. All reasonable and necessary medical treatment should be provided.

 

  • Permanency Award: An award to compensate for the functional loss of a body part.

 

  • Death Benefit: Dependents are eligible if the work accident results in death. There is a presumption of dependency for some members of the family. Other members have to prove their actual dependency on the deceased worker.
Injured worker protected under umbrella of Workers Compensation

Workers Comp Works by Paying Benefits To Injured Employees

Simply put, employees receive work injury benefits in New Jersey. The worker must be an employee at the time of the accident. Independent contractors do not qualify which can include gig economy workers who freelance. Who is an independent contractor is a fact-sensitive determination.
 
 
The NJ Court of Compensation does not have jurisdiction to hear the matter of an injured independent contractor. The result is dismissal from the Comp Court without the payment of workers comp benefits. The definition of an independent contractor, however, is narrowly construed in New Jersey. This means that the Judge of Compensation can look beyond any employee or independent labels used by the parties. The true underlying nature of the relationship is key. The intention of the parties is a factor to consider but not is binding on the Court.
 
 
The work injury law of NJ favors the inclusion of as many injured workers into the system as possible. And for the payment of benefits. The payment of benefits depends on the classification of an employee or independent contractor. Who is an employee or independent contractor depends on the unique facts of each case. There are also several factors that are often considered by a Judge of Compensation. That is to arrive at a decision on employee or independent contractor status. How these factors apply to your case requires a judgment call usually best made by a trained and experienced NJ work injury lawyer. Some important factors are:
 
  • Which party controls the details of work performance?
 
  • Is supervision needed for the work?
 
  • Does the worker have the experience/skills to function independently? 
 
  • Which party handles any necessary equipment or tools? 
 
  • Is the work performed a key part of the overall business operations? 
 
  • Is the worker financially dependent on the earnings received for the work?

 

Again, how these factors apply to your case depends on the facts of your case.   Any agreement either orally or in writing designating the worker as an employer or independent contractor does not control the decision of the court. The Court should consider the specific payment arrangements and reporting of wages for tax purposes. The analysis, however, goes beyond the formalities of the relationship between the parties.

The Right Workers Comp Attorney Can Get Maximum Benefits

The payment of benefits is critical. The amount of the benefits payable for wage, medical, and any permanency award varies from one case to the next. What should not vary is the skill and attention brought to the case by a qualified New Jersey attorney hired to handle the matter. John F. Renner brings to the table years of experience. He represents injured workers facing severe injuries to body parts ranging from the foot to the head. Last but not least, our contact number is (856) 596.8000.

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Disclaimer

The information contained on this website is for general information purposes only. Any examples used in this website are hypothetical situations only and are included for educational purposes. Nothing on this site should be taken as legal advice or legal opinion on any specific facts or circumstances. Every case is unique. The information contained on this website is not intended to create, and receipt or viewing does not constitute an attorney-client relationship nor is it intended to substitute for the advice of an attorney. Any references to New Jersey Law may not be the most current version. Check official sites for the most current version.

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