New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S678

Introduced
1/11/22  

Caption

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

Impact

If enacted, S678 would amend existing statutes under R.S.34:15-36, effectively classifying such sole shareholders as not necessarily employees for the purpose of needing workers' compensation insurance, unless they opt-in for coverage. This could encourage entrepreneurship by alleviating some insurance costs for small business owners. However, it may also lead to increased risks for these individuals, who may lack coverage in the event of a workplace injury.

Summary

Bill S678, introduced in the New Jersey legislature, proposes revisions to the state’s workers' compensation insurance requirements specifically for certain corporations and partnerships. The core change allows S corporations with a single shareholder who also performs services for the corporation the option to waive the requirement for workers' compensation coverage. This adjustment is designed to provide flexibility for small business owners who are the sole employees of their entities, reflecting a growing trend to adapt regulations to better suit the realities of modern business structures.

Contention

The revision has generated discussions regarding the implications for worker safety and financial protections. Advocates argue that it empowers small business owners, favoring economic flexibility and growth. In contrast, opponents warn that it might undermine protections typically afforded to employees, highlighting concerns about potential abuse of the classification to avoid necessary insurance coverage, which could place sole shareholders at greater personal risk in case of accidents or health issues.

Notable_points

The bill's provisions ensure that any decisions surrounding the election of coverage must be made at policy purchase or renewal, preventing mid-term withdrawals. Additionally, it outlines clarifications on the liability of insurers related to the non-election of coverage by businesses, which may reflect an effort to ensure clearer communication about responsibilities and risks associated with these changes.

Companion Bills

NJ A1036

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

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