If you suffer an injury at work, you should file a workers’ compensation claim. However, you may not know if your employer carries the coverage.
In New Jersey, it is easy to know if your employer carries workers’ compensation because the State of New Jersey website every employer must have coverage of some type to protect injured workers.
Coverage may not always mean your employer carries workers’ compensation insurance. Employers do have the option of self-insuring, but they must prove to the state that they have adequate coverage.
Another exception is any employer that has coverage through federal programs. These would usually be government agencies or companies that work closely on government jobs.
There are some specific employers who may seem like they would not require coverage, but the law is pretty expansive. For example, partnerships or LLCs have to have coverage if there is at least one person other than the members or partners.
If you are a sole proprietor, you also need to have coverage if you have anyone else working for you. If you have a corporation, you will need coverage if you have any employers or other works who are not corporate officers.
In most situations, your employer will have coverage. If you have a special situation and are unsure if the law requires your employer to have coverage, you can always check with the state’s workers’ compensation system. The agency maintains records on coverage that are publically accessible.
Keep in mind that an employer who does not have coverage yet falls under the legal requirement is breaking the law. You can also report your employer for not having coverage, which is a protected activity and completely within your rights to do.