Most employers are required by law to carry workers’ compensation insurance. It covers their employees in the event of a work-related injury or occupational illness. As a result, the employer does not need to pay for the workers’ lost wages and medical expenses out of business revenue and are less likely to face a lawsuit in the wake of a work-related injury. Nevertheless, there are quite a few exceptions to eligibility for workers’ compensation benefits. Just because most employers are required to maintain coverage doesn’t mean all workers are entitled to the benefits of that generalized coverage. As a result, it’s generally a good idea to speak with experienced Newark work injury lawyers after you’ve been hurt on the job. By speaking with the experienced team at Rispoli & Borneo P.C. about your eligibility and your options, you will be in a better position to make an informed decision about filing a workers’ compensation claim or seeking alternative legal solutions to your situation.
Independent contractors perform work and collect pay, but they are not employees of the companies that they labor for. Rather, they are regarded as business associates or freelancers. Because independent contractors have a different status than employees, they usually do not qualify for employee benefits, including eligibility for workers’ compensation.
However, there can be some genuine confusion over whether a worker should be classified as an independent contractor or an employee. Sometimes the employer creates this confusion by intentionally misclassifying employees as independent contractors in an attempt to avoid providing the workers the benefits they deserve. As a result, it’s a good idea to speak with Newark work injury lawyers if you’re hurt while working as an independent contractor, as you might be misclassified and entitled to benefits after all.
Employees of Small Companies
This requirement varies by state. The laws of most states require that workers’ compensation insurance must be maintained if the company employs at least one person. However, some states forgo this requirement for companies with only a handful of employees on their regular payroll. In some states, two or more employees are enough to require workers’ compensation coverage, while in others, there must be at least five. If the company you work for is small and you’re unsure of whether you’re entitled to workers’ compensation benefits by law, please speak with experienced Newark work injury lawyers about your situation.
Basically, sole proprietors are people who own and operate their own business without any distinction between the two for tax purposes. A sole proprietor may or may not hire employees. If a sole proprietor has no employees, he or she is not required to have workers’ compensation coverage nor eligible to claim work comp benefits.
Workers in Specific Industries
Domestic workers, i.e., those who work cleaning houses or caring for children, are generally not eligible for workers’ compensation under most state laws. Neither are many farm, ranch, or agricultural workers.
Some workers are eligible to receive compensation under separate systems that apply specifically to their industry. Longshoremen can receive benefits under the Longshore and Harbor Workers’ Act, while the Federal Employers’ Liability Act covers railroad employees. Though not confined to a single industry, employees of the federal government are covered by the Federal Employee’s Compensation Act.
If you’re not sure whether you are eligible for workers’ compensation, it never hurts to ask. Please allow our Newark work injury lawyers to answer your questions regarding your eligibility for benefits and/or alternative forms of compensation.