Are All Workers Covered by Workers’ Compensation?

Rispoli & Borneo P.C.

Workers Comp Lawyer NJ

Workers Comp Lawyer NJ

No one wants to get injured on the job, but this is an inevitable fact of life that many, especially laborers, face every day. But what makes a person eligible for claiming workers’ compensation? And who doesn’t qualify?  Our Workers Comp Lawyer NJ from Rispoli & Borneo, P.C can help you with any workers’ compensation claims you have

Four Requirements

The first requirement for eligibility is that your employer must be covered by workers’ compensation. With nearly every state mandating workers’ compensation insurance for all businesses that meet certain parameters, most employed workers will be able to file a workers’ compensation claim when they’ve been injured. These requirements in some states may vary for certain types of businesses or the number of employees.

The second requirement is that you must be an employee to file. This comes down to the definition of employee. Employees are workers who do not control the work they are assigned. Workers who are part of the gig economy – such as freelancers, independent contractors, volunteers, or consultants, who may run their own business or otherwise control the work they do – may not qualify for workers’ compensation benefits. However, this means that they may be able to file their claim in court, which employees are unable to do.

The third requirement is that the injury occurred at work. This is often straightforward to answer, such as if you injure your back carrying boxes. But you may not qualify if you’re injured during lunch break or an event like an employee retreat.

The fourth requirement is that you must follow your state’s strict workers’ compensation filing deadlines. If you wait to report your injury or file it with your employer’s insurance company, you’ll lose your right to workers’ compensation. But be aware, some employers and their insurance companies may delay in giving you the necessary paperwork to file. In these cases, it’s best to contact a Workers Comp Lawyer NJ to mediate.


In addition to gig workers, there are other special categories of employees who may not qualify for workers’ compensation in some states. These may include:

  • Temp agency employees loaned out to another employer
  • Seasonal workers
  • Immigrant employees without legal status in the US
  • Farmworkers
  • Domestic workers including housekeepers, nannies, gardeners, or laborers doing remodeling in private residences

It’s critical to understand your employment status and the workers’ compensation rules in your state if you’re ever injured while on the job. In most cases, you’ll be able to claim workers’ compensation benefits through your employer’s insurance. In the case where you are ineligible for workers’ compensation and believe your employer is liable for your injury, hiring a Workers Comp Lawyer NJ will start you on your path to getting the compensation you deserve. Call our Workers Comp Lawyer NJ today to see how they can help you.