An employee who was killed as a result of an automobile accident after a night out while he was working away from home was held to be in the course of his employment. In the case of Angela Ann Cavalcante versus Lockheed Electronics Company,85 N.J. Super. 320 (1964), the Workers Compensation Court applied a “reasonable” standard in its analysis of the facts to determine that the case was compensable because it was reasonable for an employee working temporarily out of state to seek some relaxation with colleagues after working irregular hours for several days. (more…)
In many states, owner-operator truck drivers are independent contractors and thus not covered by the trucking company they are hauling for. In New Jersey, however, an owner operator is considered an employee of the trucking company they are working for.
New Jersey uses two tests to determine whether a person is an employee of a trucking company or an independent contractor. The first test is the “right to control test”. The second test is the “relative nature of the work test”.
Under the “right to control test”, an analysis is made as to whether the person hiring had the right to direct the manner in which the business or work shall be done as well as the results accomplished in order to determine if the person hiring is an employee.
