Archives for May 2016

So you’ve been hurt on the job and you’ve filed an application for workers’ compensation benefits. If your injury isn’t permanent, you may be looking forward to returning to work, but fear that your position will be filled in your absence. Can you protect your job? What can you do to ensure that you’ll have a job to return to when you’re healthy?

As a matter of law in New Jersey, your employer cannot terminate you because you’ve filed a workers’ compensation claim. In fact, your employer cannot discriminate against you in any way because of your claim. So you can’t be denied benefits that workers in similar jobs receive, can’t be denied a raise or a promotion, or given undesirable assignments as punishment for filing a workers’ compensation claim. Obviously, it can be difficult to prove some of these things, but if you can, you will have a claim for discrimination against your employer.

You also have rights under the Family and Medical Leave Act (FMLA), a federal statute that protects workers. The FMLA allows you to take up to 12 weeks off (without pay) for legitimate medical reasons without the risk of losing your job. If your employer must fill the position in your absence, you are entitled to your job or a similar position when you return to work.

If you belong to a union, you should also check with union officials regarding the protection of your job. Most union agreements include provisions guaranteeing the right to return to the same or a similar position after a legitimate medical leave.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.

When you’ve been hurt on the job, the first thing you want to do is notify your employer and file a workers’ compensation claim? But what if you’re not on the company’s payroll? Maybe you’re paid off the books, so the company can avoid payroll taxes. Maybe the company wrongfully considers you an independent contractor, a fairly common way that employers try to avoid responsibility for paying workers’ compensation claims.

If you are simply paid off the books, you will always have the opportunity to collect workers’ compensation benefits from the employer. If you meet all the tests to be an employee, other than being on the payroll, you are entitled to workers’ compensation benefits as long as two conditions are met: you were working for the company and your injury occurred at work.

If you have been designated as an independent contractor, the situation becomes a little more complicated. The IRS has a test to determine whether a worker is an employee or an independent contractor. The workers’ compensation judge will typically look at the test and see whether you meet the criteria for being an employee. If you do, you can file a workers’ compensation claim, regardless of how the employer classifies you. The workers’ compensation board generally won’t let an employer avoid responsibility for a work-related injury simply by calling an employee an independent contractor.

If, however, you meet the test to qualify as an independent contractor, you won’t be eligible for workers’ compensation benefits unless you can show fraud or misrepresentation by the employer. For example, if you were led to believe that you were an employee, there’s a good chance you will be treated as such.

Contact Us

At Taylor & Boguski, we bring more than 70 years of combined legal experience to injured workers throughout New Jersey. For a free initial consultation, contact our office online or call us at 856-200-8989.