When You're Seeking Justice, Give Us a Call Schedule a Free Consultation

Is Workers’ Compensation Insurance Required in New Jersey?

Valdes March 12, 2023

According to the U.S Bureau of Labor Statistics, millions of Americans will get injured on the job each year. If you have been injured or became ill as a result of your job, you could be entitled to workers’ compensation benefits under the New Jersey law.

What Is Workers’ Compensation Insurance?

Workers’ compensation insurance will protect the employee in case of a medical emergency that occurred while the employee was working. Injuries could include:

• Disability
• Bodily injuries
• Death
• Illness caused by working

Workers’ compensation insurance will hold the employer accountable in case any of these situations happen to their employees.

Is Workers’ Compensation Insurance Required in New Jersey?

Under New Jersey law, it is required that employers provide workers’ compensation insurance for their employees. Contact us if your employer does not have a workers’ compensation insurance policy.

Self-Insurance

Self-insurance can be obtained through applying and getting approved by the Commissioner of the Department of Banking and Insurance. In order to get approved, it is based on the financial capability of your employer and whether they can meet certain obligations under the law.

One thing to remember is that only employees are covered under New Jersey’s Workers’ Compensation laws, and anyone that works independently, such as contractors would not be able to file a workers’ compensation claim. The only individuals that would be considered exempt from workers’ compensation insurance would be:

• Unpaid interns
• Unpaid volunteers
• Sole proprietors with no employees
• Independent contractors

Businesses that are limited liability, partnerships, corporations, or even hire part-time workers will still need to provide their employees with workers’ compensation insurance.

What Happens if Your Employer Doesn’t Have Workers’ Compensation Insurance?

Any new jersey employer who fails to provide workers’ compensation insurance to their employees could face major consequences. Employers can be faced with 4th-degree criminal charges and would have to pay fines of up to $5,000 for the first 10 days and up to $5,000 for each day after the 10 day period of time.

Injured workers whose employer has failed to provide workers’ compensation insurance also have the option to receive medical and temporary disability benefits from the Uninsured Employers Fund. This process can be difficult to handle on your own, and our experienced attorneys could help properly file the claim.

What if Your Employer Has Coverage but Refuses to Report Your Injury?

If your employer does provide workers’ compensation insurance but refuses to report your injury, you can try reaching out to your insurance carrier yourself. The insurer’s name and contact information should be located on your company’s proof of insurance notification. This is required to be present in the workplace.

Workers’ Compensation Benefits

Workers’ compensation benefits will be available for any employee that has been injured or gotten sick on the job. Depending on the type of injuries sustained will determine the exact type of benefits the employee will receive. Benefits can include

• Medical benefits
• Temporary total disability benefits
• Permanent partial disability benefits
• Wrongful death benefits

In order to obtain these benefits, it is crucial that the employee who was injured or ill report to their employer immediately. All it would take is a verbal statement about what happened to any supervisor or higher authority.

Contact Our New Jersey Workers’ Compensation Lawyers Today

If you have been injured at work and are not insured, or your employer refuses to report your workplace injury, contact our worker’s compensation lawyers as soon as possible. We can help you get your claim heard, and the compensation that you deserve. For more information or questions on workers’ compensation, visit our frequently asked questions page.

Contact Gold, Albanese & Barletti, LLC

Whether you’ve been injured at work, in an automobile accident, or due to medical malpractice – you deserve justice and fair compensation for your injuries. Since 1997, the personal injury attorneys of Gold, Albanese & Barletti have established a legacy of justice for our clients. We will work tirelessly on your behalf to get maximum compensation for your injuries. There are no upfront legal fees and we don’t get paid unless you win your case.

Our firm is licensed and admitted to municipal, state, federal and appellate courts, including the U.S. Supreme Court. Since 1997, we have helped thousands of clients and established a track record of success across a wide array of legal practice areas.