Independent Contractor Versus Employee: Your Rights Under New Jersey’s Workers’ Comp Law

After a workplace injury, you may be shocked to learn that your employer considers you an independent contractor, and workers’ comp for independent contractors in Trenton does not exist. In reality, your employer may have improperly classified you as an independent contractor to avoid their legal obligations toward you.

At Devlin, Cittadino & Toma, P.C., an experienced New Jersey employee misclassification lawyer can help you understand your rights and pursue the benefits you deserve. Since 1964, our firm has provided hands-on service to injured workers in Trenton and throughout Mercer County and the surrounding area. Call us at 609-557-7876 today for a consultation.

Understanding The “ABC Test”: How New Jersey Defines An Employee

There is a presumption that a worker is an employee unless the employer can prove otherwise. New Jersey has a straightforward “ABC Test” that looks at three primary factors, including:

• A: Freedom from control. The worker is not subject to any direct oversight or control exerted by the employer via their contract or daily work obligations.
• B: Working outside of the company’s usual business operations or away from their primary facilities.
• C: An established independent trade. The professional regularly engages in independent contract work or runs their own business instead of seeking direct-hire employment.

If any one of these is unmet, then the worker is not an independent contractor.

Common Signs Of Misclassification In The Trenton Workforce

Certain industries, including construction, health care and transportation, see more misclassification than others. Common warning signs of misclassification include:

• Controlling your daily work or schedule
• Exclusive employment
• Retaining your services for long-term work
• Providing you with equipment or uniforms

Additionally, if you must perform the same tasks as other employees or do work that is central to the company’s functions, you may be misclassified.

Are You Eligible For Workers’ Comp As A 1099 Contractor?

No, as an independent contractor, you are typically not eligible for workers’ compensation benefits unless you purchased coverage for your own protection.

Legal Remedies And Recovering Unpaid Benefits In Mercer County

Misclassified employees can recover unpaid workers’ compensation benefits by filing a formal complaint through the New Jersey Division of Workers’ Compensation within two years of their injury. The ABC test will be used to determine your status. If successful, you may recover your medical expenses, temporary wage replacement benefits and even vocational rehabilitation costs.

Let Us Help You Get The Workers’ Comp Benefits You Need

Attorney Paul Devlin is board-certified in workers’ compensation in New Jersey and well-respected in the Trenton area. Call Devlin, Cittadino & Toma, P.C., at 609-557-7876 or reach out online to schedule a free consultation.