Volunteer Firefighter seeks Worker’s Compensation

The New Jersey Workers' Compensation act has a pretty liberal definition of who qualifies as an employee. To determine whether an individual is part of an employee-employers relationship the courts have devised two 'tests.' There is the 'control test' which asks what the nature of the relationship between the business and individual is. If the business has the right to supervise and control the individuals actions and how those actions should be completed, the courts would be hard pressed not to find that individual an employee. In the 'relative nature of the work' test the court will look at the relationship between employer and individual to determine if the individual relies on the earnings to live, and if the individual's duties are an essential part of the employers business.