I was an "independent contractor" at a construction site, doing roof work. I fell and was hospitalized. Can I sue my employer
Clifton, NJ |
Can I sue my employer? I don't believe he has worker's compensation but, since I was an "independent contractor", I don't qualify for worker's compensation. Thus, can I sue my employer for *negligence* or do I have to prove "intentionality""?
Consult a WC attorney to determine your true legal status as employee or contractor. The attorney can guide you from there.
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Mr. Candiano is licensed to practice law in Illinois and Indiana. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Links:
New Jersey's rules make it very difficult for an employer to claim that an individual is an independent contractor. The majority of cases usually find the individual to have been an employee. You will need to sit down with an attorney. Regarding whether he was insured, go online to NJCRIB and select the coverage search option. You must put in the employer (company name, sometimes variations of the name) date of loss. It is about 95% accurate. If you can't find anything on the site then call NJCRIB. The extensions for the individuals that search coverage are listed on the site.
Note if the company is uninsured and you were an employee you may have an uninsured claim. The uninsured fund will pay medical and temp. disability. You may still obtain a judgment against the employer.
You need to sit down with someone that can explore all you options.