Workers’ Compensation Coverage for Temporary Employees in Cherry Hill, NJ
The term ‘temporary employee’ can be misleading. For workers’ compensation purposes, you’re either an employee (W-2) or an independent contractor (1099). Who covers your workers’ compensation as a temporary or seasonal employee in Cherry Hill depends on your employment status on the date of injury, not the duration of the employment itself.
Temporary employees in New Jersey can face unique challenges. Let the experienced workers’ comp attorneys in Cherry Hill pursue the benefits you deserve.
Overview of NJ Workers’ Compensation Coverage
In New Jersey, nearly all employers are required to carry workers’ compensation insurance. This insurance provides essential lost wage and medical benefits to employees injured on the job, including those suffering from catastrophic or overuse injuries. It also covers job-related illnesses.
Workers’ comp provides ‘no-fault’ insurance benefits to employees, including temporary employees, while prohibiting injured employees from suing their employers or co-workers for negligence. Eligible claimants can recover the following benefits in Cherry Hill:
- Temporary total benefits
- Permanent partial benefits
- Medical benefits
- Permanent total benefits
- Death benefits (family members)
Even if you were injured on the first day of the job, temporary employees are generally eligible to recover WC benefits in NJ.
Employees v. Independent Contractors
Workers’ compensation insurance is expensive, particularly in high-risk industries like construction or truck driving. As such, employers are only required to cover employees. Independent contractors are not covered by workers’ comp in NJ and must claim benefits either from an employer, such as a staffing agency, or private WC coverage. However, they may sue their ‘employers’ directly for negligently caused injuries or illnesses.
You’re considered an employee in New Jersey, even if your employer calls you a temporary contractor, unless you’re given complete control over the work performed, the work is outside the usual course of business or place of business, and you’re customarily engaged in an independent trade. You are considered a legal employee if the employer controls your work equipment, hours, performance, and attendance.
Obtaining Workers’ Comp Benefits as a Seasonal Employee
If you’re hired for the summer or holiday season, you’re likely covered by your temporary employer’s workers’ compensation insurance. This coverage provides you with total or partial lost wages and medical benefits for work-related injuries, even if you’re no longer employed. Coverage also extends beyond the seasonal employment window if your injury or illness continues to prevent you from working.
Temporary workers must notify their employers as soon as possible after an injury occurs. An experienced Cherry Hill workers’ compensation lawyer can help you inform the correct personnel, file an injury report, and preserve essential evidence after a workplace accident. Seasonal employees may face challenges if they wait to file their WC claims until after their employment period ends. This delay impacts the employer’s right to investigate the accident and may cast doubt on whether you suffered the injury during the temporary employment period.
Workers’ Compensation Lawyers in Cherry Hill, NJ, for Temporary and Seasonal Employees
If you’re dealing with a workplace injury—even as a seasonal or temporary employee—you may still qualify for workers’ compensation benefits in Cherry Hill. Contact Matarazzo & Lubcher today for a free, confidential consultation by calling (856) 460-5805 or reaching out to our workers’ comp team online.