New Jersey Workers’ Compensation Insurance Requirements
Any New Jersey employer not covered by a federal program must carry workers’ compensation insurance for its workers or be approved for and carry self-insurance. Failure to insure your workers can result in a disorderly person’s offense in the state of New Jersey.
If a corporation, LLC or partnership, or sole proprietorship is found to have willfully or knowingly denied workers compensation, the corporate officers, partners, or owner could be charged with a fourth degree crime, which carries a fine up to $5000 for the first ten days of failure to insure. This fine continues with each 10-day time period that the organization failed to insure.
Rules for Workers Compensation Insurance
Corporations. All corporations must carry workers’ compensation insurance or obtain approval for self-insurance if there are one or more people working for the company for pay. This includes corporate officers.
LLCs and Partnerships. LLCs and partnerships must carry work comp insurance or approved self-insurance so long as one or more people, not including partners or LLC members, work for the organization.
Sole Proprietors. All sole proprietors must have workers compensation or be approved for self-insurance so long as one or more people, not including the primary owner, work for the company for pay.
Consequences When Injury Occurs and There Is No Insurance
In New Jersey, if a worker is injured or dies in a work-related injury the employer will be liable for all medical costs, disability benefits and other types of related benefits. These types of liabilities are not dischargeable in bankruptcy, either.
The Office of Special Compensation Funds regularly employs a number of strategies, including cross-matching databases, to identify non-compliant employers.
Do you have questions about your work comp coverage?
Discuss your concerns with an experienced workers compensation attorney at the law office of Taylor and Boguski, in Mount Laurel, New Jersey. Please call 800-404-5299 or 856-234-2233 or contact us online.