Owner-Operator Truck Drivers Are Entitled to NJ Workers Compensation
Route 280 East Sign for Harrison NJ with Turnpike
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.