In New Jersey, as in every state, you have a right to pursue workers’ compensation benefits when you are injured on the job. However, before you start receiving benefits, you must meet the specific criteria set forth in the statutes. Here are the requirements.
The Injury Must Be Job-Related
Workers’ compensation benefits are payable only for injuries sustained during the course of your employment. If you suffered injuries outside of work that prevent you from doing your job, you may be eligible for New Jersey State Temporary Disability benefits or Social Security disability benefits if your medical conditions are expected to keep you from working for more than 12 months. To succeed with a workers’ compensation claim, though, you must show a work-related injury that can be proven by medical evidence. It’s not necessary that you be engaged in the specific tasks related to your job. For example, if you were traveling for work and got hurt in a motor vehicle accident, you can seek workers’ compensation benefits for those injuries.
You Must Have Been Working for the Person or Company from Whom You Seek Benefits
The workers’ compensation laws in New Jersey tend to be liberally interpreted when it comes to defining whether a worker was an employee. If you are salaried or hourly and receive a regular paycheck, you meet this test. However, you may be what is normally considered an “independent contractor” and still qualify. New Jersey courts tend to look at how much control an employer had over the conditions of your work and the relative nature of the work performed. If the employer exercises a lot of control over how you plan and perform during working hours, you may be considered an employee. Furthermore, if the work is an integral part of the business, the person performing it may be construed as an employee.
The Company Must Have Had or Been Required to Have Workers’ Compensation Insurance
In New Jersey, all employers, whether corporations, partnerships or sole proprietorships, must either have a valid policy of workers’ compensation insurance or be approved for self-insurance.
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We handle all workers’ compensation cases on a contingency basis. There will be no attorney fees unless we get compensation for your losses.