If someone is injured performing odd jobs for a homeowner is he/she eligible for Workers’ Compensation Benefits?
In New Jersey a person who performs occasional jobs for a homeowner may be considered a “casual employee” and therefore not eligible for compensation benefits. The definition of “casual employment” is a work relationship which is relatively brief and passing, not regular or part of the alleged employer’s ordinary business. This is especially true if the injured person is doing work for a homeowner such as repairing light fixtures, painting, unclogging a toilet, etc. Our Courts have found that doing odd jobs, occasional repair or occasional replacement work is generally in the nature of “casual” employment, and thus not covered by the New Jersey Workers’ Compensation Act. Of course, anyone injured in what appears to be such a situation should still consult a qualified Workers’ Compensation attorney to determine his or her actual status at the time of the injury.
Alfred Vitarelli is a Shareholder in Stark & Stark’s Marlton, New Jersey office, concentrating in Workers’ Compensation Law. For more information, please contact Mr. Vitarelli.