Tag Archives: independent contractor

Webinar: Is the Petitioner an Employee? The No Employment Defense in New Jersey

Title: “Is the Petitioner an Employee? The No Employment Defense in New Jersey”

Attorney Greg Lois leads a presentation and discussion on issues of employment in New Jersey workers’ compensation claims.

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All webinars begin with a 10-15 minute overview of a general topic, and then a Question and Answer session is held for the balance of the time. Questions can be on any topic in workers’ compensation law (not limited to the topic). Handout materials are provided in advance of each session.

Webinar: Is the Claimant an Employee? The Defense of Lack of Employment in New York

Title: “Is the Claimant an Employee? The Defense of Lack of Employment in New York.”

Attorney Greg Lois leads a presentation and discussion on issues surrounding employment status in New York workers’ compensation cases.

Register for our monthly webinar series:

Register for Webinars

All webinars begin with a 10-15 minute overview of a general topic, and then a Q & A session is held for the balance of the time. Questions can be on any topic in workers’ compensation law (not limited to the topic). Handout materials are provided in advance of each session.

New Decision Expands the Boundary of Employment in New Jersey

A frequent issue that arises in New Jersey workers’ compensation cases is whether or not the petitioner is an employee or an independent contractor. In a recent case, decided October 26, 2018, The appeals panel in New Jersey answered this question in a case involving a cab dispatching service. After trial, the Workers’ Compensation Law Judge dismissed the claims of Julio Pendola against Milenio Express finding that Pendola was not Milenio’s employee despite the fact that the alleged employer had never paid the alleged employee. On appeal the Appellate Division reversed. Here’s why.

Facts From the Trial

The trial judge found that Pendola, a cab driver, was not employed by Milenio because:

  • Pendola supplied his own car.
  • Pendola supplied his own equipment, like the two way radio used to dispatch him.
  • Pendola owned the “medallion” on the cab (the license to operate as a taxi);
  • Pendola paid for his own gas, maintenance, and insurance on his car.
  • The Petitioner was not paid by the company and in fact paid the company $150 per week for the dispatched fares.
  • the Claimant testified that he never shared or remitted any portion of fares to the company; he kept 100% of all fares.

Against all of that, Pendola argued that he was an employee for the following reasons:

  • Pendola testified that he had provided driving services exclusively to Milenio since 2003.
  • Before he purchased his car, a Ford Crown Victoria, he consulted with Milenio who required he paint the car silver, affix the taxi company logo to it, along with the Company’s phone number.
  • The company provided Pendola with business cards, receipts, and vouchers.
  • Pendola also claimed he only picked up passengers from location when dispatched by the company.
  • Pendola testified that the company required his to be well dressed, keep his car clean, and promptly pick up fares. The company punished drivers who failed to follow those basic requirements by not sending them dispatches for a few hours or the rest of the day.

The Appeals panel reversed, finding that Pendola was the employee of Milenio. Read more to find out why. Continue reading New Decision Expands the Boundary of Employment in New Jersey

Friday F.A.Q.: “Is an Independent Contractor Entitled to Workers’ Compensation Benefits?”

Tashia Rasul, Esq.
Tashia Rasul, Esq.

Employees are entitled to workers’ compensation benefits, while independent contractors are not.

An employer would concede a claimants’ employment status when he is clearly an employee, but there are times when an employer would hold out that a claimant is an independent contractor. In these situations, workers’ compensation benefits are denied, and the Court would be tasked with making a determination of whether the claimant is an employee or an independent contractor.

So, how is this done? Continue reading Friday F.A.Q.: “Is an Independent Contractor Entitled to Workers’ Compensation Benefits?”

Video: The Defense of Lack of Employment in New Jersey

Here is the post-webinar video from our most recent presentation, “Is the Petitioner an Employee?” from our New Jersey workers’ compensation webinar training series.

The webinar was presented live by Lois LLC partner Joe Jones and associate Angiola DiPopolo and audience questions are addressed such as:

  • “How is ’employment’ defined in New Jersey?”
  • “How is the defense of ‘Lack of Employment’ raised?”
  • “How do the courts define an ‘independent contractor’ in New Jersey” and
  • “What about ‘undocumented’ or illegal workers – can they get benefits as a petitioner in a New Jersey workers’ compensation claim?”

Subject: New Jersey, Workers’ Compensation Law, Second Injury Fund
Date Presented: April 24, 2017
Presenter(s): Joe Jones, Esq. and Angiola DiPopolo, Esq.
Run time: 20:01 Continue reading Video: The Defense of Lack of Employment in New Jersey

Independent Contractors, Occupational Accidental Insurance Policies and How It Interplays With New Jersey Workers’ Compensation

Statutorily, in New Jersey, all employers are required to maintain workers’ compensation insurance for all “employees” by either a valid workers’ compensation insurance policy or through self-insurance (based upon the financial ability of the employer to meet its obligations under the law and the permanence of the business).  In some states employers can “opt-out” of the mandatory workers’ compensation requirements.  New Jersey is not one of those states.

The classification of someone as independent contractor and therefore not an “employee” relieves the employer of the obligation to provide workers’ compensation coverage.  The independent contractor is simply not an “employee” and therefore does not require worker’s compensation coverage.  Continue reading Independent Contractors, Occupational Accidental Insurance Policies and How It Interplays With New Jersey Workers’ Compensation