New Jersey § 34:15-36

§ 34:15-36.

“Willful negligence” within the intent of this chapter shall consist of (1) deliberate

act or deliberate failure to act, or (2) such conduct as evidences reckless indifference

to safety, or (3) intoxication, operating as the proximate cause of injury, or (4)

unlawful use of a controlled dangerous substance as defined in the “New Jersey Controlled

Dangerous Substances Act,” P.L.1970, c. 226 ( C.24:21-1 et seq. ). “ Employer ” includes natural persons, partnerships, and corporations; “employee” includes all natural persons, including officers of corporations, who perform service

for an employer for financial consideration, exclusive of (1) employees eligible under

the federal “Longshore and Harbor Workers' Compensation Act,” 44 Stat. 1424 ( 33 U.S.C.s.901 et seq. ), for benefits payable with respect to accidental death or injury, or occupational

disease or infection; and (2) casual employments, which shall be defined, if in connection

with the employer's business, as employment, the occasion for which arises by chance

or is purely accidental; or if not in connection with any business of the employer,

as employment not regular, periodic or recurring; provided, however, that forest

fire wardens and forest firefighters employed by the State of New Jersey shall, in

no event, be deemed casual employees. A self-employed person, partners of a limited liability partnership, members of a

limited liability company or partners of a partnership who actively perform services

on behalf of the self-employed person's business, the limited liability partnership,

limited liability company or the partnership shall be deemed an “employee” of the

business, limited liability partnership, limited liability company or partnership

for purposes of receipt of benefits and payment of premiums pursuant to this chapter,

if the business, limited liability partnership, limited liability company or partnership

elects, when the workers' compensation policy of the business, limited liability partnership,

limited liability company or partnership is purchased or renewed, to obtain coverage

for the person, the limited liability partners, the limited liability company members

or the partners. If the business, limited liability partnership, limited liability company or partnership

elects to obtain coverage for the self-employed person, limited liability partners,

limited liability company members or the partners, the election may only be made at

purchase or at renewal and may not be withdrawn during the policy term. If the business, limited liability partnership, limited liability company or partnership

performs services covered under a homeowner's policy or other policies providing comprehensive

personal liability insurance for domestic workers , household employees or the dependents thereof, the workers' compensation policy

of the business, limited liability partnership, limited liability company or partnership

shall have primary responsibility for the payment of benefits. Notwithstanding the provisions of R.S.34:15-71 and 34:15-72 , the business, limited liability partnership, limited liability company or partnership

shall not be required to purchase a policy unless the business, limited liability

partnership, limited liability company or partnership is an “employer” of a least

one employee as defined in this section who is not a self-employed person, limited

liability partner, limited liability company member or partner actively performing

services on behalf of the business, limited liability partnership, limited liability

company or partnership. Notwithstanding any other provision of law to the contrary, no insurer or insurance

producer as defined in section 3 of P.L.2001, c. 210 ( C.17:22A-28 ) shall be liable in an action for damages on account of the failure of a business,

limited liability partnership, limited liability company or partnership to elect to

obtain workers' compensation coverage for a self-employed person, limited liability

partner, limited liability company member or partner, unless the insurer or insurance

producer causes damage by a willful, wanton or grossly negligent act of commission

or omission. Every application for workers' compensation made on or after the effective date of

this amendatory act shall include notice, as approved by the Commissioner of Banking

and Insurance, concerning the availability of workers' compensation coverage for self-employed

persons, limited liability partners, limited liability company members or partners.

That application shall also contain a notice of election of coverage and shall clearly

state that coverage for self-employed persons, limited liability partners, limited

liability company members and partners shall not be provided under the policy unless

the application containing the notice of election is executed and filed with the insurer

or insurance producer. The application containing the notice of election shall also contain a statement that

the insurer or insurance producer shall not be liable in an action for damages on

account of the failure of a business, limited liability partnership, limited liability

company or partnership to elect to obtain workers' compensation coverage for a self-employed

person, limited liability partner, limited liability company member or partner, unless

the insurer or insurance producer causes damage by a willful, wanton or grossly negligent

act of commission or omission. The failure of a self-employed person, limited liability partnership, limited liability

company or partnership to elect to obtain workers' compensation coverage for the self-employed

person, the limited liability partners, the limited liability company members or the

partners shall not affect benefits available under any other accident or health policy. Employment shall be deemed to commence when an employee arrives at the employer's

place of employment to report for work and shall terminate when the employee leaves

the employer's place of employment, excluding areas not under the control of the employer;

provided, however, when the employee is required by the employer to be away from the

employer's place of employment, the employee shall be deemed to be in the course of

employment when the employee is engaged in the direct performance of duties assigned

or directed by the employer; but the employment of employee paid travel time by an

employer for time spent traveling to and from a job site or of any employee who utilizes

an employer authorized vehicle shall commence and terminate with the time spent traveling

to and from a job site or the authorized operation of a vehicle on business authorized

by the employer. Travel by a policeman, fireman, or a member of a first aid or rescue squad, in responding

to and returning from an emergency, shall be deemed to be in the course of employment. Employment shall also be deemed to commence when an employee is traveling in a ridesharing

arrangement between his or her place of residence or terminal near such place and

his or her place of employment, if one of the following conditions is satisfied: the

vehicle used in the ridesharing arrangement is owned, leased or contracted for by

the employer, or the employee is required by the employer to travel in a ridesharing

arrangement as a condition of employment. Employment shall also be deemed to commence, if an employer provides or designates

a parking area for use by an employee, when an employee arrives at the parking area

prior to reporting for work and shall terminate when an employee leaves the parking

area at the end of a work period; provided that, if the site of the parking area is

separate from the place of employment, an employee shall be deemed to be in the course

of employment while the employee travels directly from the parking area to the place

of employment prior to reporting for work and while the employee travels directly

from the place of employment to the parking area at the end of a work period. “ Disability permanent in quality and partial in character ” means a permanent impairment caused by a compensable accident or compensable occupational

disease, based upon demonstrable objective medical evidence, which restricts the function

of the body or of its members or organs; included in the criteria which shall be considered

shall be whether there has been a lessening to a material degree of an employee's

working ability. Subject to the above provisions, nothing in this definition shall be construed to

preclude benefits to a worker who returns to work following a compensable accident

even if there be no reduction in earnings. Injuries such as minor lacerations, minor contusions, minor sprains, and scars which

do not constitute significant permanent disfigurement, and occupational disease of

a minor nature such as mild dermatitis and mild bronchitis shall not constitute permanent

disability within the meaning of this definition. “ Disability permanent in quality and total in character ” means a physical or neuropsychiatric total permanent impairment caused by a compensable

accident or compensable occupational disease, where no fundamental or marked improvement

in such condition can be reasonably expected. Factors other than physical and neuropsychiatric impairments may be considered in

the determination of permanent total disability, where such physical and neuropsychiatric

impairments constitute at least 75% or higher of total disability. “ Ridesharing ” means the transportation of persons in a motor vehicle, with a maximum carrying

capacity of not more than 15 passengers, including the driver, where such transportation

is incidental to the purpose of the driver. This term shall include such ridesharing arrangements known as carpools and vanpools. “ Medical services, medical treatment, physicians' services and physicians' treatment ” shall include, but not be limited to, the services which a chiropractor is authorized

by law to perform and which are authorized by an employer pursuant to the provisions

of R.S.34:15-1 et seq.