When you're injured on the job in New Jersey, one of the first things that might come to your mind is how you're going to get compensated for your injury. Workers' compensation benefits are often available to help cover medical expenses, lost wages, and more. However, the situation can get a little confusing when you're not directly employed by the company you're working for. If you were injured while working for a contractor, you may be wondering if your employer—the contractor—or the company you were doing the work for is responsible for your workers' compensation benefits.
Below, JFM Law explains how New Jersey law addresses workers’ compensation in these situations. We’ll also explore when an employer may still be liable for your injury, even if you’re not technically their employee. Lastly, JFM Law will cover how a workers' compensation attorney can be a valuable resource during this process.
Workers' Compensation Lawyer for Contractor Injuries in New Jersey
Were you injured while working for a contractor in New Jersey? You don’t have to figure this out on your own. The system can be confusing, especially when it’s unclear who is responsible for your benefits. JFM Law workers’ comp lawyers are here to stand by your side and help you pursue the workers' compensation you need. Whether your employer is a contractor or the company that hired them, we’ll work with you to explore every option available under the law. Call (732) 333-6621 or contact us online for a free consultation. Our offices in Freehold, Toms River, and New Brunswick are ready to help injured workers across New Jersey.
Understanding Workers' Compensation in New Jersey
Workers' compensation is designed to provide benefits to employees who get hurt or fall ill because of their job. In New Jersey, the laws around workers' compensation are quite clear: if you're injured at work, you're likely entitled to benefits, regardless of who was at fault for your injury. The primary goal of workers' compensation is to make sure employees receive medical care and compensation for lost wages without needing to prove that their employer was negligent, according to NJ Statutes § 34:15-7.
However, when you’re working for a contractor rather than directly for the employer whose work is being done, things can get tricky. Does the contractor owe you workers' compensation, or is the company that hired the contractor liable for your injury? The answer can depend on the circumstances.
Who Is Considered an "Employer" Under New Jersey Workers' Compensation Law?
New Jersey defines “employer” in a broad way. According to NJ Statutes § 34:15-36, an employer can be a natural person, partnership, or corporation. If you perform a service for financial consideration, then you’re generally considered an employee. In most cases, your direct employer—meaning the contractor—is responsible for providing you with workers' compensation insurance.
Can the Company That Hired the Contractor Be Liable for Your Workers' Compensation?
Under certain circumstances, the company that hired your contractor can be held responsible for your workers' compensation. According to NJ Statutes § 34:15-3, even if the company hires an independent contractor to do some of its work, the company may still be held liable for injuries caused to employees of that contractor. This ensures that workers aren’t left without coverage simply because their direct employer failed to carry the necessary insurance. If the contractor or subcontractor doesn’t have workers’ compensation insurance, the company that hired them can become liable for any compensation due to you or your dependents.
What if You Were Injured Due to Unsafe Work Conditions?
New Jersey workers' compensation law also provides some protection if your injury was caused by unsafe working conditions. In NJ Statutes § 34:15-3, it is specified that a company may be liable if your injury was caused by a defect in the condition of the ways, works, machinery, or plant that the company provided. If the company was negligent in maintaining a safe work environment, and this negligence led to your injury, they may be liable even if you were technically working for a contractor.
What About Special Situations, Like Horseplay or Recklessness?.
According to NJ Statutes § 34:15-7.1, if you’re injured because of horseplay or skylarking by fellow employees, your injury may still be considered to have occurred in the course of your employment, as long as you didn’t instigate or participate in the horseplay. This is true whether you’re employed by the contractor or the company that hired the contractor. Workers' compensation would still be available for your injury in this case.
Defenses Against Workers' Compensation Claims
In New Jersey, there are certain defenses that employers can use to deny workers' compensation claims. However, these defenses are limited. For instance, NJ Statutes § 34:15-2 states that defenses like the negligence of a fellow employee or the assumption of risk by the injured employee are abolished. This means that an employer can’t deny your claim by arguing that you knew about the risks of the job or that your injury was caused by a co-worker’s mistake.
However, if your employer wants to argue that you were willfully negligent—for example, if they claim you were intoxicated or deliberately ignored safety rules—then they have the burden of proving this under NJ Statutes § 34:15-5. Even then, proving willful negligence is not easy, and many workers' compensation claims go forward even in cases where an employer tries to use this defense.
What About Third-Party Liability?
In some cases, you might also be able to seek compensation from a third party, in addition to filing a workers' compensation claim. For example, if a third party (like a manufacturer) is responsible for your injury, you might be able to file a lawsuit against them.
Under NJ Statutes § 34:15-40, filing a workers' compensation claim doesn’t prevent you from seeking additional compensation from a third party. This is particularly relevant if your injury was caused by a defective product or another party’s negligence that wasn’t directly related to your employer or contractor.
What Happens If Your Contractor Employer Doesn't Have Insurance?
New Jersey takes workers' compensation insurance seriously. If your contractor employer doesn’t carry the required insurance, they could face penalties. NJ Statutes § 34:15-79 explains that employers who fail to carry workers' compensation insurance can be fined.
How a Workers' Compensation Lawyer Can Help You
If you’ve been injured while working for a contractor in New Jersey, workers' compensation laws can be overwhelming to understand. It’s important to understand your rights, but it can be tough to figure out who is responsible for your compensation. Should you file a claim against the contractor, the company that hired the contractor, or both?
This is where a workers' compensation lawyer can make all the difference. A New Jersey workers' compensation lawyer can help you determine who is liable for your injury. They can assist with gathering the necessary evidence to show that you were injured in the course of your employment, whether by the contractor or the company. They can also help you defend against any claims that you were responsible for your injury.
Additionally, if your employer or the contractor doesn’t have workers' compensation insurance, an attorney can help you pursue other options, such as going through your own insurance policy (if applicable), filing a claim with the Uninsured Employer's Fund, or seeking damages from a third party responsible for your injury.
Most importantly, a workers' compensation lawyer can help you receive the benefits you’re entitled to, whether that means workers' compensation payments, reimbursement for medical bills, or compensation for lost wages. They’ll also make sure your case is filed on time, so you don’t miss the benefits you deserve.
Frequently Asked Questions
Am I eligible for workers' comp if I’m injured working for a contractor?
Yes, in New Jersey, you're eligible for workers' compensation regardless of your employment type, including contractors.
Who pays my workers' compensation if the contractor doesn’t have insurance?
The company that hired the contractor may be liable for your workers' compensation benefits.
What if I was injured due to unsafe work conditions?
If unsafe conditions caused your injury, you may still be entitled to compensation, regardless of your employer’s status as a contractor.
Can I receive workers' comp for injuries from horseplay or reckless behavior?
Yes, as long as you did not participate in or instigate the horseplay, you are eligible for workers' compensation.
What defenses can employers use to deny my workers' comp claim?
In New Jersey, defenses like co-worker negligence are limited. Employers must prove willful misconduct to deny claims.
Can I sue a third party if they caused my injury?
Yes, you could pursue a third-party lawsuit if another party, like a manufacturer, caused your injury.
What happens if my contractor employer doesn’t have workers' comp insurance?
The contractor may face penalties, and the hiring company could be liable for your benefits.
Does workers' compensation cover medical bills and lost wages?
Yes, workers' compensation in New Jersey covers medical expenses and a portion of lost wages due to work-related injuries.
Am I covered if the injury happened off-site while working for a contractor?
Yes, as long as you were performing job-related duties, off-site injuries are typically covered.
Can I be denied workers' comp if I knew the job was risky?
No, New Jersey law prevents employers from denying claims based on assumed risk of the job.