Knowledgeable Misclassified Independent Contractor Injury Attorneys in Totowa, NJ Help Clients to Get the Benefits They Need After Being Hurt on The Job in Passaic County, Hudson County, Essex County, Bergen County, and Throughout NJ
Many people in New Jersey work as independent contractors. Independent contractors normally refer to self-employed workers who provide services to companies and clients but are not considered employees of those businesses. As a result, independent contractors do not have access to certain benefits and protections afforded to employees, such as the right to file a claim for workers’ compensation benefits if they are injured on the job. However, some employers choose to misclassify their workers as independent contractors. Workers who have been improperly classified may actually be entitled to workers’ comp if they are hurt while working for an employer. New Jersey independent contractor injury lawyers can assist you with pursuing your legal options if you have suffered a work-related injury or illness while working in a position that may have been misclassified as an independent contractor role.
At Camili & Capo, PA, we know that a work injury can have a devastating effect on your life. If you need help obtaining compensation for your medical bills and lost wages, turn to our firm for aggressive legal advocacy. Our firm will not rest until we have secured the maximum compensation possible in your case. Our knowledgeable and experienced attorneys will thoroughly review the circumstances of your employment to determine whether you might have been misclassified as an independent contractor and are entitled to receive the full scope of workers’ compensation benefits under the law.
If you were injured while working as an independent contractor, do not assume that you are ineligible for workers’ compensation benefits. You may have been misclassified by your employer. Reach out to Camili & Capo, PA for a free initial case evaluation to speak with New Jersey independent contractor injury lawyers to learn more about your legal rights.
Employee vs. Independent Contractor Classification
While you and your employer may have agreed orally or in writing that you have been hired as an employee or as an independent contractor, your and your employer’s agreement is not the determining factor on your proper work classification under New Jersey labor law. Instead, New Jersey law looks at the economic reality of the relationship between a worker and employer to determine whether the worker can be classified as an independent contractor. Workers are presumed to be employees unless certain factors indicate that a worker is an independent contractor. Some of these factors include:
Whether your employer has the right to determine how you perform your work, rather than leaving you to decide how to complete a project
Whether your employer has furnished you with a workspace, equipment, uniforms, etc.
Whether your employer can determine what hours you must work or how many hours you must work
Whether your employer has the right to discipline you for misconduct or poor performance
Whether the work you are performing is an essential part of the employer’s business and would normally be performed by employees.
Whether you have the right to delegate or subcontract assigned projects or parts of projects to other parties
Whether you hold yourself out as performing the same or similar services for other businesses
Whether you are primarily or entirely dependent on the employer for your income
Why Worker Classification Is Important for Workers’ Compensation
Employers often choose to classify workers as independent contractors since it can result in lower labor costs for employers. In particular, independent contractors are ineligible to obtain workers’ compensation benefits, so employers can enjoy lower workers’ compensation insurance premiums or lower costs for workers’ comp benefits. However, many workers are misclassified as independent contractors and instead qualify as employees under New Jersey law. Misclassified independent contractors may still be entitled to workers’ compensation benefits if they can show that they qualify as an employee of the employer they were injured working for.
How Can New Jersey Independent Contractor Injury Lawyers from Our Firm Help You Get the Benefits You Deserve After Being Hurt on the Job
If you were hurt in your job, you should not leave workers’ compensation benefits on the table simply because your employer has told you that you are an independent contractor. Let New Jersey independent contractor injury lawyers advocate for your rights by:
Gathering evidence from the workplace accident you were injured in
Securing documentation and witness testimony that we can use to prove that you should properly be classified as an employee
Filing your workers’ compensation claim with your employer or filing a claim petition with the state to challenge your classification and denial of workers’ comp benefits
Evaluating your other legal options for financial recovery such as pursuing personal injury claims against liable parties
Facing A Legal Matter In New Jersey And Have Questions? We Can Help. Just Tell Us What Happened. Call (973) 834-8457 Or Fill Out Our Convenient Free Case Evaluation Form.
Contact Camili & Capo, PA for a Free Case Evaluation to Go Over Your Legal Rights
After you have been injured in an independent contractor job, you need to speak with New Jersey independent contractor injury lawyers to discuss the possibility that your employer has improperly classified you as an independent contractor. Contact Camili & Capo, PA today for a free, no-obligation consultation to learn more about how our firm may be able to help you get workers’ compensation benefits for an on-the-job injury.
Frequently Asked Questions about Misclassified Independent Contractor Work Injuries
As an independent contractor, can I file a personal injury claim if I was hurt while working?
If you have been properly classified as an independent contractor, you may have a personal injury claim against your employer if their negligence or recklessness was the cause of your injuries. In addition, you may also be entitled to pursue a personal injury case against third parties at fault for your injuries. This may include a product liability claim against a manufacturer if you were injured by defective tools or equipment, a premises liability claim if you were injured by a dangerous condition on a client’s property, or a motor vehicle accident claim if you were hit while driving for work.
How long do I have to file a claim for workers’ comp benefits if I have been misclassified as an independent contractor?
In New Jersey, employees are expected to promptly notify their employers of a work injury, ideally within 14 days of the date of injury but usually no later than 90 days. If your employer denies you workers’ compensation benefits on grounds that you are an independent contractor, you have two years from the date of your injury to file a petition with the state to contest your employer’s denial of your workers’ comp claim.
