Every employee within the course of employment will be entitled to workers’ compensation benefits. However, this is subject to some minor exceptions such as maritime accidents, injured while commuting to and from work, independent contractors, householders, and an employee who is willfully negligent.
Note: the definition of “employee” is a broad definition and is liberally construed so as to bring as many persons as possible within the coverage of the Act.
The Following are NOT Covered:
- Coverage does not extend to independent contractors. Petrone v. Kennedy, 183 A.2d 124 (N.J. Super. Ct. App. Div. 1962).
- An inmate of a penal institution is not an employee. Drake v. Essex County, 469 A.2d 512 (N.J. Super. Ct. App. Div. 1983).
- Casual employees are excluded from receiving benefits under N.J.S.A. 34:15-36. Such employment arises by chance or is purely accidental; or if not in connection with any business of the employer, as employment not regular, periodic or recurring. N.J.S.A. 34:15-36.
- Employees who are “going to” or “coming from” their place of employment are not considered to be acting within the course or scope of their employment; thus, they are not entitled to workers’ compensation benefits. Importantly, the going and coming rule, in essence, is when employees travel to or from work they are deemed to be acting in their own interests without constraints by the employer regarding the method or means of the commute.
General Contractors vs. Subcontractors:
General contractors are not parties to the employment contract between a subcontractor and its employees. They are not required to provide workers’ compensation insurance and do not enjoy the immediate employer’s immunity from tort liability. Eger v. E.I. DuPont DeNemours Co.,539 A.2d 1213 (N.J. 1988). However, a general contractor, in the event that the subcontractor is uninsured, is liable for any compensation due to an employee or the dependents of a deceased employee of a subcontractor. The general contractor shall then have a right of action against the subcontractor for reimbursement. N.J.S.A. 34:15-79.
Note: A general contractor should request a certificate of insurance from its subcontractors that it carries workers’ compensation insurance and confirm that it is named as an additional insured on the policy.
Contact Our Monmouth County Workers’ Compensation Lawyers at the Law Offices of Michael S. Williams for Help With Your Workers’ Compensation Claim
If you have been injured on the job and need help with your claim, a Workers’ Compensation lawyer at the Law Offices of Michael S. Williams is here for you. Call 732-351-2800 or contact us online to schedule a free initial consultation. Our offices are located in Tinton Falls and New Brunswick, New Jersey and we serve not only clients in Monmouth and Middlesex County, but throughout the state.