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How to Determine if Your Worker Classification is Inaccurate

Though plenty of New Jersey workers are classified as employees and contractors, a surprisingly high percentage of these individuals are actually misclassified. The distinction between the two classifications is understandably unclear in certain workplaces. Even though you might perform similar work as a colleague, there is a good chance the two of you have different worker classifications.

The Difference Between Contractors and Employees

Plenty of New Jersey workers errantly assume the labels of “contractor” and “employee” are merely semantic variations without important meaning in the context of the law. In reality, worker classification matters a great deal, especially when the time comes to claim workers’ compensation benefits. There are specific rules pertaining to worker classifications. Laws are on the books to define each of these worker categories.

Our New Jersey workers’ compensation attorneys are here to help you understand the differences between these classifications and ensure you are properly classified. If your employer misclassifies you, it really will make a meaningful difference in the amount of benefits you are provided after an injury, illness or other work-related event.

The Difference Between Employees and Contractors in the State of New Jersey

New Jersey law states workers are classified as contractors if they meet the criteria detailed below:

  • The worker providing services for the business has his or her own independent trade or business
  • The manner in which the worker conducts his or her work is outside of direction of the employing business
  • The contractor’s work is not work the company typically partakes in or the contractor provides services for the business away from that group’s place of work and away from all of the company’s business locations

Why Employee Classification Matters

Sadly, a growing number of employers intentionally misclassify employees, listing them as contractors in an attempt to retain as much money as possible. It really is that much cheaper for companies to classify workers as contractors as opposed to employees. After all, contractors are not legally entitled to the following:

  • Health insurance benefits
  • Overtime pay
  • Paid time off

Furthermore, contractors are not provided with workers’ compensation benefits after suffering an injury or illness related to work activities.

Legal Assistance is a Call Away

If you are injured while performing work-related duties and your employer insists you are a contractor, do not assume you are powerless. Reach out to our New Jersey workers’ compensation attorneys at Schibell Law. We will determine your true employment classification. Our team will also do everything in our power to ensure you are provided with the workers’ compensation benefits you need and deserve during this difficult period of your life. You can contact our legal team led by Richard Schibell by dialing 732-774-1000.

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Proudly located in Monmouth County and serving clients all across New Jersey. Schibell Law LLC has attorneys standing by waiting to discuss your Personal Injury or Workplace Accident today.


Fax: 732-942-2480

3459 Route 9 North
Howell, New Jersey 07731

101 Crawford Corner Rd
Bell Works Suite 4333
Holmdel, NJ 07733

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