Title 34, Title 34: LABOR AND WORKMEN'S COMPENSATION

34:15-101. Penalty for noncompliance Every employer, insurer or other person failing to comply with the terms of this article shall, for each offense, be liable to a penalty of not less than ten nor more than fifty dollars, the amount thereof to be determined by and paid to the c…

34:15-102. Rules and regulations; agreements filed The workmen's compensation bureau is authorized to make such rules and regulations as may be necessary to carry out the purpose of this article and the bureau is hereby directed to keep on file the agreements filed with it for a …

34:15-103. Short title This article may be cited as the workers' compensation security fund act. Amended by L.1980, c. 83, s. 4, eff. Aug. 21, 1980.

34:15-104 Definitions. 34:15-104. As used in this article, unless the context or subject matter otherwise requires: "Fund" means the workers' compensation security fund created by R.S.34:15-105. "Fund year" means the calendar year. "Carrier" means any stock corporation, reciproca…

34:15-105 Workers' compensation security fund. 34:15-105. There is hereby created a fund to be known as "the workers' compensation security fund," for the purpose of assuring to persons entitled thereto the compensation provided by this chapter, R.S.34:15-1 et seq., or the federa…

34:15-105.1 Workers' compensation security fund transferred. 1. The workers' compensation security fund created pursuant to R.S.34:15-105, along with all its functions, powers and duties and all its assets, liabilities and balances, is hereby transferred to the New Jersey Propert…

34:15-106 Annual returns by carriers; "net written premiums" defined. 34:15-106. Every carrier shall annually file with the Commissioner of Banking and Insurance returns, under oath, on a form to be prescribed and furnished by the commissioner, stating the amount of net written p…

34:15-107 Contributions to the fund. 34:15-107. For the privilege of carrying on the business of workers' compensation insurance in this State, every carrier shall pay into the fund a sum equal to one per cent of its net written premiums as shown by the return hereinbefore prescr…

34:15-108 Contributions, when ceased; resumption of contributions. 34:15-108. When the aggregate amount of all such payments into the fund, together with accumulated interest thereon, less all its expenditures and known liabilities, becomes equal to 5% of the loss reserves of all…

34:15-11. Termination of contract The contract for the operation of the provisions of this article may be terminated by either party upon sixty days' notice in writing prior to any accident.

34:15-111 Payment of claims; application; recovery. 34:15-111. A valid claim for compensation or death benefits, or installments thereof, heretofore or hereafter made pursuant to this chapter or the federal "Longshore and Harbor Workers' Compensation Act," 44 Stat. 1424 (33 U.S.C…

34:15-117 Insolvency of carrier; notice to Division of Workers' Compensation; report of conditions. 34:15-117. Forthwith upon any carrier becoming insolvent, the Commissioner of Banking and Insurance shall so notify the Division of Workers' Compensation, and the division shall im…

34:15-12 Schedule of payments. 34:15-12. Following is a schedule of compensation: a. For injury producing temporary disability, 70% of the worker's weekly wages received at the time of the injury, subject to a maximum compensation of 75% of the average weekly wages earned by all …

34:15-12.1. Employees receiving subsistence payments from Veterans Administration; special benefits Any employee receiving subsistence payments from the Veterans Administration of the Federal Government under the Act of Congress of June twenty-second, one thousand nine hundred an…

34:15-12.2. Fund from which special benefit payable Any such employee shall be entitled to receive a special benefit payable from the fund provided for by sections 34:15-94 and 34:15-95 of the Revised Statutes. L.1947, c. 364, p. 1175, s. 2.

34:15-12.3. Amount of special benefit The amount of such special benefit shall be computed by determining the difference between the amount of the compensation for such permanent disability and any temporary disability and the amount which such compensation would have been had th…

34:15-12.4. Application for special benefits; payment Such special benefits shall be applied for, ordered paid, and payable in similar manner as other payments from said fund to employees are applied for, ordered paid, and payable. L.1947, c. 364, p. 1175, s. 4.

34:15-12.5. Retroactive effect This act shall apply to accidents occurring after July first, one thousand nine hundred and forty-six. L.1947, c. 364, p. 1175, s. 5.

34:15-12.6. Period for making application Applications for such special benefits must be made not later than within one year from the date of the last payment of compensation to the employee. L.1947, c. 364, p. 1175, s. 6.

34:15-12.7. Damage to prosthetic devices, hearing aids, artificial members; dental appliances or eyeglasses; liability Whenever as the result of an accident for which compensation is payable to any employee of any employer under article 2 of chapter 15 of Title 34 of the Revised …

34:15-120.1. Uninsured employer's fund a. There is hereby created a fund which shall be known as the "uninsured employer's fund" to provide for the payment of awards against uninsured defaulting employers who fail to provide compensation to employees or their beneficiaries in acc…

34:15-120.10. Administrative expenses; $10,000 limit In any fiscal year during which benefit payments are made from the "uninsured employer's fund," the Commissioner of Labor shall apply an amount equal to $100.00 for each employee to whom such benefits have been paid from the fu…

34:15-120.11. Duties of Division of Workers' Compensation Notwithstanding the provisions of any other law, the Division of Workers' Compensation shall use every available administrative means to ensure that benefit payments from the "uninsured employer's fund" are paid only to in…

34:15-120.12. Notification of change in income The burden shall be upon the claimant to immediately notify in writing the Director of the Division of Workers' Compensation of any increase or decrease in his income that may affect his eligibility for benefits payable from the "uni…

34:15-120.13. Exhaustion of remedies The Commissioner of Labor shall, on behalf of the "uninsured employer's fund," exhaust all remedies at law against the uninsured delinquent employer of the claimant to collect the amount of any award to the claimant paid by the fund. P.L. 1988…

34:15-120.14. Other obligations unaffected Nothing in this act, P.L. 1988, c. 25 (C. 34:15-120.9 et seq.), shall affect the obligations of insurance carriers or self-insured employers imposed by any other section of the workers' compensation law, R.S. 34:15-1 et seq. P.L. 1988, c…

34:15-120.15. Definitions 1. As used in this act: "Association" means the New Jersey Self-Insurers Guaranty Association created in subsection a. of section 2 of this act. "Board of directors" or "board" means the board of directors of the association established under section 3 o…

34:15-120.16. "New Jersey Self-Insurers Guaranty Association" 2. a. There is created a nonprofit entity to be known as the "New Jersey Self-Insurers Guaranty Association." All self-insurers shall be members of the association as a condition of their authority to self-insure in th…

34:15-120.17. Board of directors 3. The board of directors of the association shall consist of five persons and shall be organized as established in the plan of operation. With respect to initial appointments, the commissioner shall, within 180 days of the effective date of this …

34:15-120.18. Association obligated for payment of compensation; powers; assessments 4. a. Upon creation of the Insolvency Fund pursuant to the provisions of section 5 of this act, the association is obligated for payment of compensation under chapter 15 of Title 34 of the Revise…

34:15-120.19. Insolvency Fund 5. Upon the adoption of a plan of operation or the adoption of rules by the commissioner pursuant to subsection a. of section 6 of this act, there shall be created an Insolvency Fund to be managed by the association. a. The Insolvency Fund is created…

34:15-120.2. Benefit payments a. In any case in which a claim for compensation is filed pursuant to the provisions of the workers' compensation law, R.S. 34:15-1 et seq., and the employer has failed to secure the payment of compensation as required by R.S. 34:15-71 or R.S. 34:15-…

34:15-120.20. Plan of operation 6. a. (1) Within one year of the effective date of this act, the board of directors shall submit to the commissioner a proposed plan of operation for the fair, reasonable and equitable administration of the association and the fund. The plan of ope…

34:15-120.21. Written notice of bankruptcy proceedings, determination of insolvency 7. a. A member employer which files for relief in bankruptcy under Title 11 of the United States Code, 11 U.S.C. s.101 et seq.; or against which involuntary bankruptcy proceedings are filed under …

34:15-120.22. Powers of department 8. The department may: a. Require that the association notify other interested parties of the determination of insolvency and of their rights under this act. Notification shall be by mail at the last known address thereof when available; but, if…

34:15-120.23. Assignment of rights to association 9. a. Any person who recovers from the association under this act shall be deemed to have assigned his rights to the association to the extent of that recovery. Every claimant seeking the protection of this act shall cooperate wit…

34:15-120.24. Detection, prevention of employer insolvencies 10. To aid in the detection and prevention of employer insolvencies: a. Upon determination by majority vote of the membership of the board that any member employer may be insolvent or in a financial condition hazardous …

34:15-120.25. Examination, regulation of association 11. The association shall be subject to examination and regulation by the department. No later than March 30 of each year, the board of directors shall submit a financial report for the preceding calendar year in a form approve…

34:15-120.26. Immunity from liability 12. There shall be no liability on the part of, and no cause of action of any nature shall arise against, any member employer, the association or its agents or employees, the board of directors, or the department or its representatives for an…

34:15-120.27. Stay of proceedings 13. a. All proceedings in which an insolvent member is a party, or is obligated to defend a party, in any court or before any quasi-judicial body or administrative board in this State shall be stayed for up to six months, or for such additional p…

34:15-120.28. Deadline for filing claims 14. Notwithstanding any other provision of chapter 15 of Title 34 of the Revised Statutes, a covered claim, as defined therein, with respect to which settlement is not effected and pursuant to which suit is not instituted against the insur…

34:15-120.29. Additional obligations of association 15. In addition to its obligation to pay compensation to the employees of insolvent members pursuant to section 4 of this act, the association shall be obligated for payment of compensation under chapter 15 of Title 34 of the Re…

34:15-120.3 Default by uninsured employer; judgment. 12. The director, in any case in which an award of compensation payable by an uninsured employer or an assessment has been ordered by the director, shall file with the Clerk of the Superior Court, (1) a statement containing the…

34:15-120.30. Construction of act 16. This act shall not be construed as reducing, to any degree or in any way, the responsibility of the commissioner to exercise caution in authorizing any employer to become a self-insured employer, or the commissioner's responsibility to requir…

34:15-120.4. Application for compensation a. After an award has been entered against an employer for compensation under any provision of the workers' compensation law, R.S. 34:15-1 et seq., and the Director of the Division of Workers' Compensation has filed an order for payment o…

34:15-120.5. Subrogation; right of fund against employer To the extent of the compensation and benefits paid or payable to an employee or his dependents from the uninsured employers' fund, the fund, by subrogation, shall be entitled to all the rights, powers and benefits of the e…