Q I was injured while working part-time for a small NJ company. They were only recently established, and they probably don’t have much money. Should I still try to get workers’ compensation?
You shouldn’t be worried about how the business you work for will cope with your injury costs. Your employer is required to have insurance specifically for when an employee is injured, so that the worker can get treatment—the business will not have to pay out-of-pocket for the expense.
Under New Jersey law, all employers in the state—regardless of business size—must provide workers’ compensation coverage to its employees. Even some out-of-state employers may need a New Jersey workers’ compensation policy if employment is performed in or extends into the state.
According to the New Jersey Department of Labor and Workforce Development, the following employers must provide New Jersey workers' compensation insurance:
- Corporations – All corporations operating in New Jersey must purchase workers' compensation insurance or be approved for self-insurance for their employees and corporate officers.
- Partnerships/LLCs – Partnerships and limited liability companies (LLCs) that employ one or more individual—excluding partners or members of the LLC—must be insured.
- Sole Proprietors – Even small businesses in NJ such as sole proprietorships must maintain workers' compensation insurance if they employ one or more people—excluding the owner—who perform services for the business for financial consideration.
Even if you were paid in a manner other than cash, you can still seek workers’ compensation. The government considers “financial consideration” to mean any compensation for your work—including shares of stock, products, services, meals, or lodging.
Want to find out how many workers’ comp cases are lost before they even begin? Click the link above to download our FREE book, What the Injured Worker Needs to Know: Your Workers Comp Guide or call Manfred F. Ricciardelli at 877-360-0183 to speak to an attorney about your case. You can also fill out our contact form to set up your consultation today.