The holiday season is one of New Jersey’s busiest shopping times. To accommodate for the increase in shoppers, many businesses hire a large number of seasonal workers. While this can be a good way to earn extra money to accommodate your own holiday costs, it’s important to know what your rights are as a seasonal worker.
What is a Seasonal Worker?
A seasonal worker is someone who is employed temporarily by a company to accommodate a busier-than-average season. Seasonal workers may not be subject to the same laws or benefits, depending on your employment agreement. However, you should still be entitled to workers’ compensation benefits.
If you’re injured on the job, it can have the same effect as if you were a regular, full-time employee. You could incur medical bills and lost wages. If you took on a seasonal job to supplement your income for the holiday season, the injury could also affect your primary job’s income.
What is Workers’ Compensation?
Workers’ compensation is a type of insurance that protects employees when they’re injured on the job. It covers medical bills and lost wages.
Are Seasonal Employees Entitled to Workers’ Compensation Benefits in New Jersey?
New Jersey law does require employers to include seasonal employees in their workers’ compensation coverage, as long as they are considered an employee. The requirements to be covered by workers’ compensation typically include the following:
- Your employer has a right to supervise you and the work you do
- You rely on the income, and the work you do is necessary
It’s important to note that what is and isn’t, considered an employee differs between states. New Jersey tends to be more inclusive when defining an employee. Your agreement also makes a difference in whether you’re an employee or not. For example, independent contractors are not considered to be employees.
However, even if an employer determines that you are not an employee, but treats you like one, you may still be subject to workers’ compensation benefits. Some may argue that workers’ compensation benefits are even more important for seasonal workers. Seasonal employees tend to have less experience, which can increase the chances of them being injured. With the busy season and an increase in new employees, it can also lead to limited training as employers have less time to implement training programs.
What To Do If You’re Injured on the Job
If you’re injured on the job while working a seasonal job, there are certain steps that you should take to protect your benefits. The first, and most important, step is to receive treatment. If you need immediate medical care, go to the nearest medical place. If it isn’t immediate, notify your employer so you can choose an approved medical provider. Once you have received the medical treatment you need, report your injury to your employer. Be sure to include the date, time, and who was notified. If your employer denies you coverage, despite being an employee, you may have a case. Working with a workers’ compensation lawyer may help your case.
Contact a Howell Workers’ Compensation Lawyer to Discuss Your New Jersey Workplace Injury Case
A workplace injury can be devastating, particularly if it prevents you from returning to work for an extended period of time. Although New Jersey Workers’ Compensation laws are supposed to provide you with reimbursement for medical expenses and replacement pay for missed time at work, it is not always easy to get the Workers’ Comp benefits you deserve. That is why you should speak with a knowledgeable Workers’ Compensation lawyer about your situation and get guidance throughout the claims process. The experienced Workers’ Compensation attorneys at Rudnick, Addonizio, Pappa & Casazza PC represent clients in Middletown, Howell, Marlboro, Manalapan, and all across New Jersey. Call (732) 264-4400 or fill out our online contact form today to schedule a free consultation about your work injury case. Our main office is located at Park Village, 25 Village Court Highway, #35 Hazlet, NJ 07730, and we also have an office in East Brunswick, NJ.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.