New Jersey 2026-2027 Regular Session

New Jersey Assembly Bill A3167

Introduced
1/13/26  

Caption

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

Impact

The enactment of A3167 is poised to significantly alter the landscape of workers' compensation insurance in New Jersey, particularly for small business owners operating as S corporations. By allowing these corporations to opt out of mandatory workers' compensation coverage, the bill is expected to reduce insurance costs for those who may not require such protections. This shift could lead to increased entrepreneurial activity as it mitigates financial burdens on small business operations. However, this also raises questions about the protection of business owners against workplace injuries and liabilities, making it a contentious topic for both proponents and opponents.

Summary

Assembly Bill A3167 concerns the regulations surrounding workers' compensation insurance requirements specifically for certain corporations and partnerships, particularly S corporations. The bill proposes to revise the definition of 'employee' under New Jersey's workers' compensation law, allowing S corporations with a sole shareholder who works for the corporation to choose whether to obtain workers' compensation coverage. This change is intended to provide flexibility for small business owners who are the only employees of their businesses. It also presents an opportunity for S corporations to simplify their insurance needs while still providing options for coverage.

Contention

The bill has generated debate among various stakeholders. Supporters argue that it provides essential freedom and flexibility to S corporations, enabling them to manage their operational costs more efficiently. However, critics contend that removing the mandatory requirement could expose small business owners to significant financial risks associated with workplace injuries. They fear that this could lead to a broader implications regarding employee protections and overall workplace safety. Furthermore, the ambiguity surrounding the definition and status of employees within such entities raises concerns regarding liability and insurance responsibilities.

Companion Bills

NJ S794

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

NJ A2637

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

NJ S2372

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

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