Injured at Work? Your Job Title May Determine Whether You Get Compensation.

In New Jersey, state and federal agencies are taking drastically different approaches to the classification of independent contractors—a legal gray area that could have serious consequences for injured workers.

At the center of this growing debate is how to determine whether a worker is an employee—who is entitled to protections like workers' compensation benefits—or an independent contractor, who may be excluded from these critical legal safeguards.

New Jersey Enforces the ABC Test

New Jersey uses what's known as the ABC test, one of the strictest standards in the country. Under this test, a worker is presumed to be an employee unless the employer can prove all of the following:

1. The worker is free from control and direction.

2. The service is outside the usual course of business.

3. The worker is engaged in an independently established trade.

This state standard is more protective of workers and makes it harder for companies to misclassify employees as independent contractors to avoid liability.

Federal Government Takes a Different Route

While New Jersey has strengthened its enforcement efforts, the federal government under current Department of Labor guidelines has adopted a more lenient approach. The new federal rule focuses on factors such as the opportunity for profit or loss and the level of control the employer has.

This federal standard may favor businesses, especially in industries like trucking, construction, and gig work—where misclassification is common. But for injured workers, it can create confusion and difficulty in asserting their rights under federal law.

Why Misclassification Matters After a Work Injury

Being labeled an independent contractor could mean:

• No workers' compensation coverage

• No employer-provided medical treatment

• No protection against wrongful termination after injury

• No wage replacement during recovery

At Khorozian Law Group, we've seen how this classification can severely impact the lives of hardworking individuals. Many don't even realize they've been misclassified until they're injured and denied benefits.

What You Should Do If You're Hurt on the Job

If you've been injured at work—especially in high-risk industries like logistics, delivery, or construction—you must:

• Determine your legal employment status

• Document all work-related activities and agreements

• Seek medical treatment immediately

• Speak to a work injury lawyer who understands misclassification cases

We Fight for Misclassified Workers in New Jersey

At Khorozian Law Group, we help workers challenge misclassification and pursue the compensation they deserve. Whether you were denied workers' comp or pressured to sign an independent contractor agreement, we are here to help you stand up for your rights.

Call us today for a free consultation to find out if you're being misclassified and how it could affect your injury claim. Feel free to also use our Online Form to contact us.

See also our Workers' Compensation FAQ

See the full Article here.