SENATE, No. 1002

STATE OF NEW JERSEY

INTRODUCED MARCH 21, 1996

By Senator BENNETT

An Act concerning workers' compensation insurance coverage of certain employees who are working temporarily in this State and supplementing chapter 15 of Title 34 of the Revised Statutes.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. a. An employee who is employed in another state and that employee's employer shall be exempt from the provisions of chapter 15 of Title 34 of the Revised Statutes with respect to that employee while the employee is temporarily in this State doing work for that employer if:

    (1) the employee is not a resident of this State and was not hired in this State;

    (2) the employer does not have a permanent place of business in this State;

    (3) the employee's presence in this State for purposes of conducting employment activities does not exceed any of the following periods of time:

    (a) five consecutive days;

    (b) ten days in any 30-day period: or

    (c) thirty days in any 360-day period;

    (4) the employer and employee are covered by the provisions of the workers' compensation laws or similar laws of the other state and that law applies to them while they are working in this State;

    (5) The employer has furnished workers' compensation insurance coverage under the workers' compensation laws or similar laws of the other state so as to cover the employee's employment while in this State;

    (6) The extraterritorial provisions of this section covering employees in this State temporarily working in the other state are recognized in the other state; and

    (7) Employers and employees cover in this State are exempt from the application of the workers' compensation laws or similar laws of the other state under statutes comparable to this section.

    b. If the exemption provided in subsection a. of this section applies, the workers' compensation laws or similar laws of the other state shall be the exclusive remedy against the employer in that state for any injury, whether resulting in death or not, received by an employee while working for that employer in this State.

    c. A certificate from a duly authorized official of the workers' compensation board or similar department or agency of the other state certifying that an employer is insured in that other state and has provided extraterritorial coverage insuring the employer's employees while working within this State is prima facie evidence that the employer carries such workers' compensation insurance coverage.

    d. The Commissioner of Insurance may enter into reciprocal agreements with workers' compensation agencies of other states adopting statutes similar to this section to ensure efficient administration of this section.

    2. This act shall take effect on the 60th day following enactment.

STATEMENT

    This bill provides that an employee and that employee's employer are exempt from New Jersey's workers' compensation law if: the employee is not a resident of this State or hired in this State; the employer does not have a permanent place of business in this State; the employee's presence is temporary (not exceeding five consecutive days, 10 days in any 30-day period, or 30 days in any 360-day period); the employer has workers' compensation coverage on his employees; and New Jersey's employers and employees enjoy a similar exemption in the other state.

    The bill also permits the Commissioner of Insurance to enter into reciprocal agreements with workers' compensation agencies of other states to ensure efficient administration of the bill's provisions.

Concerns workers' compensation coverage for certain employees working temporarily in this State.