New Jersey 2022-2023 Regular Session

New Jersey Assembly Bill A1036

Introduced
1/11/22  

Caption

Concerns workers' compensation insurance requirements for certain corporations and partnerships.

Impact

If enacted, A1036 would alter existing regulations regarding who must be covered by workers' compensation. By allowing single-shareholder S corporations the choice to forgo workers' compensation coverage, the bill would promote entrepreneurship but could also lead to challenges in ensuring adequate worker protections. This change could specifically impact small businesses that otherwise would not be required to carry this insurance if they do not have employees beyond the owner.

Summary

Assembly Bill A1036 seeks to amend existing workers' compensation law in New Jersey, specifically addressing the definition of 'employee' within R.S.34:15-1 et seq. The main change proposed by the bill is to allow an S corporation, which has only one individual performing services and is the sole shareholder, the option to opt-in or opt-out of obtaining workers' compensation coverage. This is significant because it provides more flexibility for small business owners and solopreneurs in managing their insurance needs.

Contention

The bill has drawn attention for its potential implications on worker safety and insurance obligation. Supporters argue that it reduces unnecessary burdens on small business owners and aligns regulations with modern business practices. However, critics express concerns that it could undermine protections for workers, particularly in scenarios where the owner may become disabled or injured while conducting business without coverage. There are worries that this amendment risks leaving workers without necessary recourse in the event of workplace incidents, perpetuating a lack of full coverage options for self-employed individuals within certain business structures.

Companion Bills

NJ S678

Same As Concerns workers' compensation insurance requirements for certain corporations and partnerships.

Previously Filed As

NJ A3167

Concerns workers' compensation insurance requirements for certain corporations and partnerships.

NJ S2372

Concerns workers' compensation insurance requirements for certain corporations and partnerships.

NJ A2779

Excludes certain illegal aliens from workers' compensation and temporary disability benefits.

NJ S1521

Excludes certain illegal aliens from workers' compensation and temporary disability benefits.

NJ SB26093

Concerning ensuring compliance with workers' compensation insurance coverage requirements.

NJ HB1419

To Amend The Arkansas Workers' Compensation Insurance Plan; And To Revise The Reporting Requirements For The Arkansas Workers' Compensation Insurance Plan.

NJ S0618

Workers' Compensation Insurance

NJ A4617

Concerns certain workers' compensation supplemental benefits and funding method.

NJ H1243

Workers' Compensation Insurance

NJ A1023

Requires workers' compensation, PIP, and health insurance coverage for the medical use of cannabis under certain circumstances.

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