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STATE REQUIREMENTS

When New Jersey requires workers’ compensation

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In New Jersey, workers' compensation is required from the first employee. Part-time and casual employees count, and corporate officers are employees. Sole proprietors and partners without employees need not cover themselves; LLC members and officers are covered unless the company has no other employees and elects otherwise. The rule, who counts and what to do the day you hire are below, each with its official source.

Reviewed by CoverMatch licensed agents, Licensed property & casualty agents · Reviewed Oct 12, 2026 Updated
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New Jersey rules with sources
TopicThe rule in New JerseySource
Who must carry itEvery employer not covered by a federal program must insure its workers' compensation obligations from the first employee, or qualify as a self-insurer.N.J.S.A. 34:15-71, 34:15-72, 34:15-79; NJ Department of Labor and Workforce Development — Employer coverage
Who counts as an employeePart-time and casual employees count, and corporate officers are employees.NJ Department of Labor and Workforce Development — Employer coverage
Owners, officers and LLC membersSole proprietors and partners without employees need not cover themselves; LLC members and officers are covered unless the company has no other employees and elects otherwise.N.J.S.A. 34:15-71, 34:15-72, 34:15-79
If you go withoutFailing to carry coverage is a disorderly persons offence with penalties per day, and the uninsured employer is personally liable for benefits.NJ Department of Labor and Workforce Development — Employer coverage

Rules change. Each row links to the agency or statute it came from; the review date above is when a licensed agent last checked them.

Who must carry it in New Jersey

Every employer not covered by a federal program must insure its workers' compensation obligations from the first employee, or qualify as a self-insurer.

Who counts as an employee

Part-time and casual employees count, and corporate officers are employees. The label on the paycheck does not settle it: New Jersey applies its own employee test, and a worker who fails it is an employee for workers' compensation no matter what the contract says.

Owners, officers and LLC members

Sole proprietors and partners without employees need not cover themselves; LLC members and officers are covered unless the company has no other employees and elects otherwise. The election is made on the policy and affects both coverage and premium, so decide it before the policy is bound rather than at audit.

The day you hire

CoverMatch quotes workers' compensation from the first employee, with pay-as-you-go billing through most payroll companies where a carrier offers it, so the policy can start the week you hire without a large deposit. Add the policy to your wallet and the live certificate is ready for the general contractor or client who asks for proof.

If you go without

Failing to carry coverage is a disorderly persons offence with penalties per day, and the uninsured employer is personally liable for benefits. The specific amounts and procedures are in the statute and on the agency page linked above; they change, and the licensed agent who reviewed this page checks them on each update.

Sources

Questions people actually ask

I just hired my first employee in New Jersey. When does the policy have to be in place?

Before the first shift if the threshold is met. New Jersey requires coverage from the first employee, and a claim on day one with no policy is paid by the employer personally. A policy can be quoted and bound the same day; CoverMatch asks every carrier that offers pay-as-you-go so the premium follows your payroll.

My workers are paid on a 1099. Does that count in New Jersey?

The form you file does not decide it. New Jersey applies its own test of control, tools, schedule and whether the person runs an independent business; workers who fail it are employees for workers’ compensation and are added at audit, often at the higher rate.

Can the owner be left off the policy in New Jersey?

Sole proprietors and partners without employees need not cover themselves; LLC members and officers are covered unless the company has no other employees and elects otherwise. Excluding yourself lowers the premium base and leaves your own injuries to health insurance; general contractors and clients often require owner coverage by contract regardless.

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