Who Is Covered Under New Jersey Workers’ Compensation Law?
All employers in New Jersey, except for State, county, municipality, and public school districts, are required to carry workers’ compensation insurance through an authorized carrier or through an approved self insurance program. The workers’ comp insurance is designed to cover any workplace injuries suffered by the employees while on the job.
But the real question is who is considered an “employee.” This is an important, yet complex, question that New Jersey state courts have covered in great detail. Your New Jersey workers’ compensation lawyer will look at the circumstances to determine if your workplace injuries are covered under your employer’s workers’ comp insurance.
Who Is Considered an “Employee”?
New Jersey statutes and courts have broadly defined an “employee” as any person who performs service for an employer for financial consideration. The term is liberally construed so as to bring as many persons as possible within coverage. In other words, virtually every worker who performs services for wages is covered by the law, regardless of the number of workers employed by the employer.
Your New Jersey workers’ compensation lawyer can provide you with more details as to whether you are considered an “employee” and thus eligible for workers’ comp benefits.
Who Is Not Covered?
Specific groups of workers are not entitled to workers’ compensation benefits. Coverage does not extend to certain groups, including:
- Independent contractors, excluding sole proprietors and casual employees
- Members of a general partnership
- Inmates of a penal institution
Additionally, although certain individuals are not covered under state workers’ compensation laws, they are covered under federal workers’ compensations laws. These individuals include:
- Maritime workers
- Railroad workers
- Federal employees
For more information about whether you are entitled to workers’ compensation benefits for your workplace injuries, call New Jersey workers’ compensation lawyer Dan Matrafajlo at (908) 248-4404.