Tag Archives: independent contractor

Friday F.A.Q.: “Is an Independent Contractor Entitled to Workers’ Compensation Benefits?”

Tashia Rasul, Esq.
Tashia Rasul, Esq.

Employees are entitled to workers’ compensation benefits, while independent contractors are not.

An employer would concede a claimants’ employment status when he is clearly an employee, but there are times when an employer would hold out that a claimant is an independent contractor. In these situations, workers’ compensation benefits are denied, and the Court would be tasked with making a determination of whether the claimant is an employee or an independent contractor.

So, how is this done? Continue reading Friday F.A.Q.: “Is an Independent Contractor Entitled to Workers’ Compensation Benefits?”

Video: The Defense of Lack of Employment in New Jersey

Here is the post-webinar video from our most recent presentation, “Is the Petitioner an Employee?” from our New Jersey workers’ compensation webinar training series.

The webinar was presented live by Lois LLC partner Joe Jones and associate Angiola DiPopolo and audience questions are addressed such as:

  • “How is ’employment’ defined in New Jersey?”
  • “How is the defense of ‘Lack of Employment’ raised?”
  • “How do the courts define an ‘independent contractor’ in New Jersey” and
  • “What about ‘undocumented’ or illegal workers – can they get benefits as a petitioner in a New Jersey workers’ compensation claim?”

Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: April 24, 2017
Presenter(s): Joe Jones, Esq. and Angiola DiPopolo, Esq.
Run time: 20:01 Continue reading Video: The Defense of Lack of Employment in New Jersey

Independent Contractors, Occupational Accidental Insurance Policies and How It Interplays With New Jersey Workers’ Compensation

Statutorily, in New Jersey, all employers are required to maintain workers’ compensation insurance for all “employees” by either a valid workers’ compensation insurance policy or through self-insurance (based upon the financial ability of the employer to meet its obligations under the law and the permanence of the business).  In some states employers can “opt-out” of the mandatory workers’ compensation requirements.  New Jersey is not one of those states.

The classification of someone as independent contractor and therefore not an “employee” relieves the employer of the obligation to provide workers’ compensation coverage.  The independent contractor is simply not an “employee” and therefore does not require worker’s compensation coverage.  Continue reading Independent Contractors, Occupational Accidental Insurance Policies and How It Interplays With New Jersey Workers’ Compensation