New Jersey Statutes Title 34. Labor and Workmen's Compensation 34 § 8-72

a. An employee leasing company registered under P.L.2001, c. 260 ( C.34:8-67 et seq. ) and the respective client companies with which it has entered into employee leasing agreements shall be the co-employers of their covered employees for the payment of wages and other employment benefits due, including the obligation under the workers' compensation law, R.S.34:15-1 et seq. , to maintain insurance coverage for covered employees for personal injuries to, or for the death of, those employees by accident arising out of and in the course of employment through policies issued by an insurance carrier licensed in the State of New Jersey.  Such policies shall state the name of the employee leasing company as the labor contractor for each client company, by name, unless the client company elects to assume the responsibility of providing the workers' compensation insurance coverage for the employees pursuant to section 2 of P.L.2001, c. 260 ( C.34:8-68 ).

b. For purposes of P.L.2001, c. 260 ( C.34:8-67 et seq. ), the agreement between the employee leasing company and the client company shall be one of co-employment, whereby the employee leasing company, having accepted the responsibilities set forth in section 2 of P.L.2001, c. 260 ( C.34:8-68 ), may submit reports to the department and make contributions to the Unemployment Compensation and State Disability Benefits Funds in the manner prescribed in section 7 of P.L.2001, c. 260 ( C.34:8-73 ), on behalf of those covered employees covered by the employee leasing agreement.  In addition, the provisions of R.S.34:15-8 , regarding the exclusivity of the remedy under the workers' compensation law for personal injuries to, or for the death of, employees by accident arising out of and in the course of their employment, shall apply to the employee leasing company and the client company, and their employees, regardless of which party provides workers' compensation insurance coverage.

c. The employee leasing company shall file reports prescribed under the “unemployment compensation law,” R.S.43:21-1 et seq. on behalf of its covered employees as set forth in section 3 of P.L.2013, c. 225 ( C.43:21-7.8 ).


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