Do I Need a Workers’ Compensation Attorney for My Injury Case?

While you can file a claim independently, engaging a workers’ compensation attorney significantly enhances your chances of securing the full benefits you deserve. An experienced attorney can help navigate the complexities of the process, ensure that all necessary paperwork is completed accurately, and effectively manage any disputes with the insurance company.

Am I Eligible for Workers’ Comp Benefits?

If you were injured at work or developed a work-related illness, you are generally eligible for workers’ compensation benefits in New Jersey. The primary criterion is that your injury must have occurred while you were performing your job duties.

What Should I Do if I Have Been Injured While Working in New Jersey?

As soon as you are injured, promptly report the incident to your employer and seek medical attention from an approved healthcare provider. It’s also crucial to consult a workers’ compensation attorney to safeguard your rights and ensure you receive the benefits you are entitled to.

What Happens After a Claim Is Reported?

Once you report your injury, your employer or their insurance carrier will conduct an investigation. If your claim is deemed valid, they will provide necessary medical treatment and cover lost wages during your recovery period.

Will I Lose My Job If I File a Formal Claim With an Attorney?

Under New Jersey law (NJSA 34:15-39.1), your employer cannot fire you in retaliation for filing a workers’ compensation claim. However, if you were terminated for unrelated reasons, such as company-wide layoffs, the situation may be different. If your termination appears related to your injury or disability, you may have grounds for an unlawful termination claim under the Americans with Disabilities Act (ADA).

What Can I Do If I Was Injured in New Jersey and My Employer Doesn’t Report My Injuries to the Insurance Carrier?

If your employer fails to report your injury, you can either contact the workers’ compensation insurance carrier directly or file a claim on your own. Most employers must display their insurance details, which you can use to contact the carrier. Consulting a workers’ compensation attorney can help ensure you receive the benefits you deserve.

Who Determines the New Jersey Workers’ Compensation Benefits I Receive?

The benefits you receive are determined by New Jersey law, which states that if you are unable to work, you may receive up to 70% of your average weekly wages, subject to specific caps. Additionally, you are entitled to medical treatment for your work-related injuries.

Can My Employer Fire Me While I’m Out of Work Due to a Work-Related Injury in New Jersey?

Under New Jersey law, your employer cannot fire you in retaliation for filing a workers’ compensation claim or for testifying at a workers’ compensation hearing. The Workers’ Compensation statute, NJSA 34:15-39.1, specifically prohibits such actions. However, this law does not prevent your employer from terminating you for other unrelated reasons, such as company layoffs or performance issues. If you suspect you were fired in violation of this law, it’s crucial to speak with a workers’ compensation attorney to explore your legal options.

I Have a Full-Time and a Part-Time Job. Can I Collect New Jersey Workers’ Compensation for Both Jobs?

Workers’ compensation benefits are generally based on the employment where the injury occurred. If you were injured while working part-time, you would typically only be eligible for benefits related to that job.

My Child Suffered Injuries While Working in New Jersey. Is He/She Entitled to New Jersey Workers’ Compensation Benefits?

Minors are generally entitled to the same workers’ compensation benefits as adults. However, if their work violates child labor laws, the benefits may be doubled. If your child has been injured at work, it’s essential to seek legal advice.

Is Workers’ Compensation Insurance Required in New Jersey?

Yes, all employers in New Jersey are mandated by law to carry workers’ compensation insurance. If you suspect your employer lacks coverage, contact Pellettieri Rabstein & Altman for immediate assistance.

Are My New Jersey Workers’ Compensation Entitlements and Benefits Taxable?

Under state law, workers’ compensation benefits are not subject to taxation.

New Jersey Injured Independent Contractor Lawyer

New Jersey Independent Contractor Lawyer

Were you injured while working as an independent contractor in New Jersey? You may have been misclassified and deserve full workers’ compensation benefits. Contact our award-winning New Jersey independent contractor lawyers for help seeking justice.

Being misclassified as an independent contractor rather than an employee can affect your access to important workers’ compensation benefits and protections. This situation might leave you without the rights you’re entitled to. Our workers’ compensation attorneys know how complex these cases can be and are here to help you secure the benefits you deserve.

If you believe you’ve been misclassified, don’t wait to act. Call (609) 520-0900 or contact us online for a free consultation.

How Our Workers' Comp Lawyers Can Help Misclassified Independent Contractors Hurt on the Job

How Our Workers’ Comp Lawyers Can Help Injured Independent Contractors Hurt on the Job

If you’ve been hurt on the job and misclassified as an independent contractor, you don’t have to figure it out alone. At Pellettieri Rabstein & Altman, our award-winning attorneys will sit down with you for a free case evaluation, listen carefully, and go over what happened. From there, we’ll help gather the evidence you need and figure out who’s legally responsible. Every step, we’ll be working to get you the benefits you’re owed.

You can call (609) 520-0900 or contact us online to start the process. We are ready to help.

Our Workers’ Compensation Attorneys

Managing Partner

Gary E. Adams

Workers’ Compensation, Employment & Labor, Personal Injury

Biography & contact information

Jeffrey S. Monaghan

Workers' Compensation

Biography & contact information

Roberto J. Benites

Workers' Compensation

Biography & contact information

What Is Worker Misclassification?

Worker misclassification happens when a company treats someone as an independent contractor even though the law says they should be an employee. It’s a problem because employees have rights that independent contractors don’t, like workers’ compensation, health benefits, and minimum wage protections.

The ABC Test: How New Jersey Defines Independent Contractors vs. Employees

In New Jersey, the ABC Test helps determine if a worker is an employee or independent contractor. A worker is presumed to be an employee unless the employer meets all three criteria:

A) Independence from Control: The worker must operate without company oversight, set their own hours, and control how the job is done.

B) Work Outside the Usual Course: The work must be outside the company’s regular operations or locations.

C) Independently Established Business: The worker should have an ongoing business separate from the company.

Employers must prove all three conditions. Misclassification can deny workers crucial benefits and lead to legal issues.

Workers Most Often Misclassified as Independent Contractors

Misclassification of employees as independent contractors is a widespread issue across various industries. Below are some occupations frequently affected by misclassification:

Construction workers

Construction workers are often labeled as independent contractors, even when they work under direct supervision, use company tools, and follow set schedules. This misclassification can lead to a lack of benefits and protections typically afforded to employees.

Delivery drivers

Delivery drivers, including those working for courier services, may be misclassified despite having set routes, company branding, and adherence to specific delivery protocols, indicating an employee relationship.

Ride-share drivers

Ride-share drivers often face misclassification, even though companies may exert control over fares, routes, and performance standards, which are characteristics of an employer-employee relationship.

Janitorial and cleaning staff

Janitorial and cleaning staff working for cleaning companies may be misclassified, despite following company schedules, using provided equipment, and adhering to specific cleaning protocols.

Home health aides

Home health aides providing care through agencies may be misclassified, even when they follow the agency schedules, use provided equipment, and adhere to care plans, reflecting an employee status.

Freelance media professionals and content creators

Freelance media professionals and content creators may be misclassified when they work under editorial guidelines, have set deadlines, and produce content integral to the company’s offerings.

Truck drivers

Truck drivers may be misclassified as independent contractors, despite driving company-owned vehicles, wearing uniforms, and following company-mandated routes and schedules.

IT professionals and tech contractors

IT professionals and tech contractors working on long-term projects, using company equipment, and adhering to company protocols may be misclassified, even though their roles resemble those of regular employees.

Landscaping and lawn care workers

Landscaping and lawn care workers may be misclassified when they work under direct supervision, use company tools, and follow specific schedules and client instructions.

Salon workers

Salon workers may be misclassified as independent contractors, despite working set hours, using salon-provided products, and adhering to salon policies and pricing structures.

Your Right to Workers’ Compensation If You’ve Been Misclassified

If you’re misclassified as an independent contractor but meet the criteria of an employee under the ABC test, you’re entitled to workers’ compensation benefits. Misclassification doesn’t negate your rights; employers are legally obligated to provide these benefits to eligible workers. If you’ve been injured on the job and suspect misclassification, you may still claim the support and compensation you deserve.

How to Tell If You’ve Been Misclassified in New Jersey

In New Jersey, you’re presumed to be an employee unless your employer can prove all three parts of the ABC test. Misclassification can deny you benefits like minimum wage, overtime, and workers’ compensation.

Here are signs you may have been misclassified:

You receive a 1099 form instead of a W-2, but your work is directed and controlled by the company.
You’re paid in cash or off the books, without standard tax deductions or pay stubs.
Your employer sets your schedule, provides tools, or supervises your tasks, indicating control over your work.
You perform work that’s central to the company’s business, or at their place of business.
You were required to form an LLC or sign an independent contractor agreement, but your work conditions reflect those of an employee.
You rely on this job as your primary source of income, and don’t have an independent business serving multiple clients.

If any of these apply, you may be misclassified. You can contact the New Jersey Department of Labor for more information.

Filing a Workers’ Compensation Claim as a Misclassified Worker

If you were injured while working and believe you were misclassified, you may still have a valid claim for workers’ compensation benefits. Just because your employer called you an independent contractor doesn’t mean the law agrees. In many cases, injured workers in this situation can still access benefits like medical treatment and wage replacement. These claims often involve more pushback, so it’s important to take the issue seriously. An experienced az can help you figure out if you qualify and what steps to take to protect your rights.

What to Do If your Employer Denies you Workers Compensation Benefits

What to Do If Your Employer Denies You Coverage

If your employer denies you workers’ compensation coverage in New Jersey, especially after misclassifying you as an independent contractor, it’s important to take action promptly. Begin by reviewing the denial notice to understand the reason for the decision.

Gather all relevant documentation, including medical records and accident reports, to support your case. Next, consider filing a formal claim petition with the New Jersey Division of Workers’ Compensation to initiate the legal process.

Consulting with an experienced workers’ compensation attorney can provide guidance and help navigate the complexities of your case. Additionally, you can contact the New Jersey Department of Labor to report potential misclassification. Taking action can help protect your rights and ensure you receive the benefits you’re entitled to.

Steps to Filing a Claim as a Misclassified Worker

If you’ve been misclassified as an independent contractor and sustained a work-related injury, follow these steps to ensure your eligibility for workers’ compensation benefits:

Notify your employer or appropriate authority about your injury as soon as possible.
Obtain the necessary paperwork from your employer to file a claim.
Allow your employer or their insurance provider to investigate your claim and determine eligibility.
Contact a Pellettieri Rabstein & Altman workers’ compensation attorney early in the process.
If your employer neglects to report your accident, your attorney will help notify the insurance provider or file with the Division of Workers’ Compensation.

Call (609) 520-0900 or contact us online to get started ASAP.

Frequently Asked Questions

Can I sue my employer for employee misclassification?

Yes, you can pursue legal action against your employer for misclassification. This may include claims for unpaid wages, benefits, or workers’ compensation.

How much can you sue an employer for misclassification?

The amount varies based on the damages caused by misclassification, including unpaid wages, lost benefits, and potential penalties. Legal advice is recommended for an accurate assessment.

How do I report an independent contractor misclassification?

You can report misclassification to the New Jersey Department of Labor and Workforce Development or the U.S. Department of Labor, depending on the issue.

What is the penalty for misclassification of employees?

Employers who misclassify workers may face fines, penalties, and liability for unpaid benefits or wages, including workers’ compensation.

Schedule a Free Consultation With An Employee Misclassification Lawyer

If you’ve been misclassified as an independent contractor, you could be losing out on critical benefits and protections. Don’t let this mistake cost you. Our skilled team at Pellettieri Rabstein & Altman is here to fight for your rights and ensure you get what you’re entitled to. Take control of your future today.

Call (609) 520-0900 or contact us online now to schedule your free consultation.

Areas we serve: Lawrence Township, Trenton, Ewing Township, East Windsor, and surrounding areas.

105

Combined Years Experience of Lawyers

100%

Kinds Of Comp Cases We Handle

Certified Workers’ Compensation Law Attorneys

We have a particularly strong reputation in the field of workers’ compensation, which we helped pioneer in the state. In fact, our namesake partner Ruth Rabstein was known as “the Dean of the New Jersey Workers’ Compensation Bar” for the many contributions she made to expanding workers’ rights in the state.

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Our Victories

$185K

$185,000 (Partial Settlement) to Electrician for Asbestos-related Cancer

When a union electrician was diagnosed with a type of cancer related to asbestos exposure, our attorneys were able to prove he had, in fact, been exposed at his job sites to sufficient amounts of asbestos to contribute to the cancer.

Workers’ Compensation Medical and Disability Benefits for Life from Mesothelioma Exposure at Out-of-Business Employer

A union electrician employed by an electrical contractor from 1952 through 1980, developed malignant mesothelioma, which is a rare form of cancer frequently associated with asbestos exposure. Our attorneys filed a workers’ compensation claim, but faced the challenge that our client’s employer had gone out of business several years earlier.

Retail Department Store Employee Covered for Degenerative Knee Condition

After years of standing on her feet serving customers, our client’s knees gave out – one and then the other – and the doctor recommended knee replacement surgery to alleviate the pain.

Salesman Between Appointments Covered By Workers’ Compensation for Auto Accident Injuries

While driving between client appointments, a salesman suffered injuries in an auto accident that landed him in the hospital and led to several procedures and physical therapy. While the damage to his car was covered by his auto insurance, the primary coverage for his injuries were paid by his employer’s workers’ compensation insurance.

Work-at-Home “Telecommuter” Recovers on Auto Accident

Although her primary workplace was at home, our lawyers made the case that our client was traveling on business and that she was not commuting; therefore, our client’s auto injuries were covered under workers’ compensation law.

Benefits Recovered for Dust, Dirt, Fumes at Work That Caused Chronic Bronchitis

Breathing in excessive dust, dirt and fumes – especially those that can be toxic to the lungs – over a period of years can cause chronic bronchitis and emphysema. Now retired and suffering from chronic bronchitis, and prodded by his wife, our client asked his doctor whether his work environment could have caused his condition.

Benefits Recovered for Repetitive Motion Carpal Tunnel Syndrome in Office Worker

When our client was diagnosed with carpal tunnel syndrome, she was not aware that the repetitive motion of keyboarding on her computer at the office every day over a period of years could be the cause – and that she had the right to workers’ compensation benefits – until a friend convinced her to contact us.

$75K

$75,000 to Technician for Grease Burn Injury

Burns often leave emotional, as well as physical scars. When burning grease splashed our client, a fire safety technician, our workers’ compensation lawyers won benefits for him.

Carpenter Hired by Friends for Renovation Covered by Workers’ Compensation

When friends hired a master carpenter to renovate their historic home and make various other improvements to their property, and he was seriously injured from a fall, the insurance company said that he was an independent contractor and refused to cover him as an employee.

$250K

$250,000 for Widow in Workers’ Compensation Case

The widow of a delivery driver for a local company was awarded $250,000 in widow’s benefits in a Workers’ Compensation case.

I came to PRA with my workmen compensation case . Gary Adams represented me . Gary was recommended to me by a friend and I in turn recommended Gary to another friend. Gary and his paralegal Jennifer are very good with communication and keeping me well informed in regards to my case : answering emails & returning my calls . I have and I will continue to recommend Gary and his staff to my friends .

My experience with Pellettien Rabstein & Altman was a great one! Every step of the way they were there with me, they made sure I got the justice I deserved. Whenever I called there was someone to answer the questions I had, the receptionist and secretary were friendly and very polite. Anytime, any day, I will recommend Counselor Gary Adams to represent any of my family or friends.

I have dealt with this firm for over 7 years on a very complicated Workmans Compensation case.
I have dealt with a myriad of legal firms throughout the country for over 30 years in my positions of CEO. And this firm is by far, the best firm I have ever dealt with.

My attorney at Pellettieri Rabstein & Altman was amazing and I can’t thank the firm enough for their insights and assistance! I would highly recommend them!

It was a very long and arduous time (13 years to bring this before a Judge). Living out of state made it particularly hard. Attorney Monaghan of Pellettieri Rabstein & Altman in New Jersey was diligent in helping through the morass of a very difficult workers’ comp claim resultant from an assault on a flight over international waters. I am permanently disabled from this assault and appreciate PR&A’s help.

Pellettieri Rabstein & Altman has very knowledgeable attorneys who are responsive and professional. Jeff Monaghan is an excellent example of this.

Pellettieri Rabstein & Altman listened to my needs and helped me get a larger settlement than I expected. They were very attentive and kind.

Pellettieri Rabstein & Altman is an outstanding firm.

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