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