New_jersey Statute | Act | Code |Title 34 Labor And Workmens Compensation| US Code - US Statute

34:15-79. Penalties for failure to carry insurance 34:15-79. An employer who fails to provide the protection prescribed in this article shall be guilty of a disorderly persons offense and shall be guilty of a crime of the fourth degree if such failure is willful. In cases where a workers@ compensation award in the Division of Workers@ Compensation of New Jersey against the defendant is not paid at the time of the sentence, the court may suspend sentence upon that defendant and place him on probation for any period with an order to pay the delinquent compensation award to the claimant through the probation office of the county. Where the employer is a corporation, the president, secretary, and the treasurer thereof who are actively engaged in the corporate business shall be liable for failure to secure the protection prescribed by this article. Any contractor placing work with a subcontractor shall, in the event of the subcontractor@s failing to carry workers@ compensation insurance as required by this article, become liable for any compensation which may be due an employee or the dependents of a deceased employee of a subcontractor. The contractor shall then have a right of action against the subcontractor for reimbursement. Failure to produce at the time of the trial proof of workers@ compensation insurance coverage by a mutual association or stock company authorized to write coverage on such risks in this State or written authorization by the Commissioner of Insurance to self-insure for workers@ compensation pursuant to R.S.34:15-77, which was in force for the time cited by the Department of Labor, creates a rebuttable presumption that the employer was uninsured when charged with a violation of this section. All fines collected under the terms of this section shall be paid to the State Treasurer and credited on the records of the State Comptroller to the account of the Division of Vocational Rehabilitation Services in the Department of Labor, to be used in carrying out the provisions of P.L.1955, c.64 (C.34:16-20 et seq.). The Director of the Division of Workers@ Compensation, or any officer or employee of the division designated by him, upon finding that an employer has failed for a period of not less than 10 consecutive days to make the provisions for payment of compensation required by R.S.34:15-71 and R.S.34:15-72, shall impose upon that employer, in addition to all other penalties, fines or assessments provided for in chapter 15 of Title 34 of the Revised Statutes or in any supplement thereto, an assessment in the amount of up to $1,000.00 and when the period exceeds 20 days, an additional assessment of up to $1,000.00 for each period of 10 days thereafter. All assessments under this act shall be enforced and collected in accordance with section 12 of P.L.1966, c.126 (C.34:15-120.3). All penalties and assessments collected under this section shall be paid into the ~uninsured employer@s fund.~ Amended 1939,c.130; 1966,c.126,s.8; 1988,c.25,s.13; 1995,c.393,s.1.

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