Coverage Under New Jersey Workers' Compensation
- December 19, 2023
Employers in New Jersey are generally required to provide workers' compensation coverage to their employees. This requirement applies to most employers, with some exceptions for very small businesses. Most employees are eligible for workers' compensation benefits in New Jersey. This includes full-time and part-time employees, seasonal workers, and even some volunteers. Independent contractors are generally not covered under workers' compensation.
New Jersey's workers' compensation laws can apply to work-at-home accidents, but there are specific criteria that must be met for an injury to be considered compensable under workers' compensation. Here are some key points to consider:
- Employment Relationship: To be eligible for workers' compensation benefits, you must have an employer-employee relationship with the company you work for, even if you are working from home. If you are an independent contractor or freelancer, you may not be covered by workers' compensation.
- Course and Scope of Employment: The injury must occur while you are performing job-related duties within the scope of your employment. If the injury happens during a break or while you are engaged in personal activities, it may not be covered.
- Proof of Injury: You must provide evidence that the injury is work-related. This can include documenting the incident, seeking medical treatment, and reporting the injury to your employer as soon as possible.
- Notification: You should notify your employer of the injury within the timeframe specified by New Jersey's workers' compensation laws, which is usually within 90 days.
- Filing a Claim: Your employer should have workers' compensation insurance. You will need to file a workers' compensation claim with your employer's insurance carrier, and they will investigate the claim and make a determination on benefits.
- Benefits: If your claim is approved, you may be eligible for various benefits, including medical coverage for necessary treatment, wage replacement (temporary total disability benefits), and compensation for permanent disabilities, if applicable.
If an employee is injured at work or develops an occupational illness, they should report the injury to their employer as soon as possible. This is extremely important for remote accidents since there will be no other source of information about it as the accident/injury occurred off-site. The employer is then responsible for reporting the injury to their workers' compensation insurance carrier.
It is best to consult with highly experienced NJ attorneys with specialized knowledge of workers’ compensation matters such as the attorneys at ANTONUCCI LAW as injured workers will need to file a formal claim with the New Jersey Division of Workers' Compensation to perfect their entitlement to all the benefits afforded by the workers’ compensation system.