Badge - Rated by Super Lawyers Victor A. Rotolo
Badge - Rated by Super Lawyers Anthony P. Kearns third
Badge - Million Dollar Advocates Forum
Badge - Multi Million Dollar Advocates Forums
Badge - New Jersey Supreme Court Certified Attorney
Badge - New Jersey's Best Lawyers For Families 2018
Badge - AV Preeminent Victor A. Rotolo 2024
Badge - Client Champion Gold 2024
Badge - Hunterdon County Chamber of Commerce
Badge - Top 100 The National Trial Lawyers
Please click Award & Selection Criteria & Methodology for information regarding the specific criteria used for selection of each of the above awards.

January 2023 - Are Remote Workers Covered for On-the-Job Injuries?

Remote workers Just a few short years ago, working remotely was a concept available to a small segment of the workforce. Then the pandemic hit, and the concept gained more widespread acceptance by both employers and employees.

  • About 26% of U.S. workforce was remote in 2022
  • One in five New Jerseyans worked from home in 2021, ranking the State 8th in the country for the most remote workers.

Thanks to advances in communications and technology systems, this trend isn’t expected to reverse anytime soon. While both businesses and workers can acknowledge some advantages to this arrangement, remote work does raise questions about employee protections. One such question relates to Workers’ Compensation coverage; namely, can a remote employee file a claim for a work-related injury in New Jersey?

The short answer is yes, remote workers are entitled to the same protections as on-site employees. The question, however, is complex and presents certain challenges for the remote worker.

While New Jersey requires employers, with few exceptions, to carry Workers’ Compensation Insurance for all employees, on-site and remote, the requirement does not pertain to independent contractors. Understanding the worker’s role within the company—employee or independent contractor—is the first challenge. To avoid companies misclassifying their workers to save money, New Jersey law states that a judge and not the employer determines this classification based on certain specified factors.

Another challenge for remote workers is proving their injury or illness is job-related without the benefit of witnesses. This is easier to prove if the company has clearly defined work hours or requires employees to log into certain company-sanctioned programs. The employee then needs to show that the injury occurred during these hours or while logged in. Sometimes, a simple job description is proof enough that the injury is work-related, especially concerning repetitive stress injuries (RSIs).

Whether working from home or on-site, if you are injured or fall ill on the job:

  • Seek immediate medical attention.
  • Report the incident—in writing—to your employer.
  • Consult a Workers’ Comp lawyer to help you navigate the complexities of your situation.
What Our Clients are Saying

I was very proud to be represented by Tony and felt secure at a time I needed a compass to head out of a difficult bind. Confidence in your counsel and a sense of security in understanding how best to proceed are important reasons to consider Anthony Kearns and his team of outstanding lawyers.

- Lynn

Tony was excellent! He was knowledgeable, responsive and on-time. His experience as a County Prosecutor definitely helped our case as he knows how the legal system works and how to navigate. I highly recommend Tony and his office.

- Matt

Thankfully I found Kearns Rotolo Law and I had a wonderful experience working with Charles Rifici on a difficult divorce/child custody issue. I am so grateful for all the work and guidance he provided. He always took his time and diligently went through all my options with me so I could make the decisions that benefitted my family and I. I will be forever thankful for the top notch services he provided.

- Cinthya

In March of 2022 I contacted Kearns Rotolo Law Firm with an urgent problem, Mr. Kearns and Mr. Rotolo contacted me immediately to give me hope as to rectify my problem. The end result was Mr Kearns was able to solve my issue through extreme professionalism, I am very grateful I found Kearns Rotolo Law firm and I would recommend their law firm to anyone that has a less extreme problem or a more complex problem, I am very grateful for their services.

- Bill

I met with Mr. Kearns yesterday about a devastating situation affecting our family. Mr. Kearns and his entire staff made us feel extremely comfortable and showed our family a compassionate side that gave us comfort in the most uncomfortable of situations. Thank you very much. God Bless.

- Christian