Do Seasonal Workers Get Workers’ Compensation Benefits?
New Jersey requires all employers to carry workers’ compensation insurance to cover employees injured at work. This generally includes employed seasonal workers. However, a few complex issues may arise when Cherry Hill seasonal or temporary workers apply for workers’ compensation coverage.
Discuss your employment status and potential eligibility for workers’ comp benefits with the dedicated Cherry Hill workers’ compensation lawyers at the Law Offices of Matarazzo & Lubcher. Seasonal workers can speak with us for free.
Employees v. Independent Contractors in New Jersey
In many cases, seasonal employees are hired as independent contractors (1099s) rather than employees (W-2s). Independent contractors are not eligible for workers’ compensation benefits in New Jersey. If you received a 1099, you were likely employed as a seasonal contractor rather than a seasonal employee. This may result in an initial claims denial, but you’re not out of options.
NJ law and not your employer ultimately determines whether you should be considered an employee in Cherry Hill. If your employer controlled the following, you may legally be considered an employee:
- Mandatory hours
- Work schedule
- Equipment
- Uniforms
- Computers and phones
- Vehicles
- Clients
Proving your employment status requires assistance from a dedicated workers’ compensation attorney, as these claims must often be litigated or arbitrated with the state. You might even be entitled to additional compensation.
Workers’ Compensation for Undocumented Seasonal Employees in Cherry Hill
Undocumented seasonal employees have the same right to claim workers’ compensation benefits as documented employees. An experienced WC lawyer can help immigrant workers obtain the legal benefits and protections provided for by the NJ Department of Labor & Workforce Development. Do not hesitate to reach out for a confidential legal consultation if you were injured at work while undocumented.
Linking Injuries to Workplace Accidents
To recover WC benefits in New Jersey, you must have suffered an injury while working. These may involve overuse injuries, such as lower back pain, or sudden traumatic brain injuries from car accidents and falls. Seasonal workers may have their initial WC claims denied if they cannot link the injury directly to a workplace accident. In such cases, it’s essential to gather evidence that you suffered from the injury during your qualified coverage (employment) period.
Workers’ Compensation Attorneys for Seasonal Workers in Cherry Hill
It can be more difficult for seasonal workers to recover workers’ compensation benefits in NJ, but this does not mean you do not have a valid claim. Any employee injured on the job, regardless of fault, is generally entitled to claim WC benefits for their lost wages and medical expenses.
If you were injured while performing seasonal work in Cherry Hill, whether documented or undocumented, do not hesitate to schedule a free and confidential workers’ compensation consultation with the Law Offices of Matarazzo & Lubcher. Only an experienced WC attorney can determine whether you qualify for coverage and help you obtain the benefits you need. Contact us today by calling (856) 460-5805 or connecting with us online.