If you suffered an injury from an accident that arose in the course and scope of your employment, you may be able to recover compensation through a workers’ compensation claim. However, it’s essential that you understand North Carolina’s workers’ compensation requirements, including what kinds of workers and injuries it covers and the deadlines you need to meet.
Who Is Covered by Workers’ Compensation?
Under the workers’ comp requirements in North Carolina, any employer with three or more employees must carry workers’ compensation insurance. However, there are employees who are exceptions to this rule. Some of the exceptions are:
- Certain railroad employees
- Casual employees
- Domestic employees
- Farm laborers, if there are fewer than 10 full-time, non-seasonal employees
- Federal government employees
- Certain agricultural product sellers
If you fall into one of the exceptions, you may qualify for a different program, such as a federal one. You may also be able to directly sue your employer for any injuries sustained on the job.
Workers’ compensation is often the only recourse available for employees who qualify and suffer an injury at work. The workers’ comp system is a tradeoff. In exchange for not being able to sue their employers, employees can have their medical bills and lost wages covered by workers’ compensation insurance without having to prove someone was at fault for their injuries.
Who Is Considered an Employee in North Carolina?
One important feature of workers’ compensation insurance is that it only covers employees. That means you don’t qualify for this coverage if you’re an independent contractor or another type of laborer that doesn’t count as an employee.
However, your employer cannot avoid the requirement to have workers’ compensation insurance by classifying employees as independent contractors. Depending on the scope and severity, misclassifications of this kind could lead to criminal charges against your employer.
If your employer considers you an independent contractor, you may still qualify as an employee – even if they issue a Form 1099. One of the primary distinctions between an employee and an independent contractor is the level of control your employer has over your work. If your employer oversees and dictates how you work, you may be an employee as far as workers’ compensation is concerned.
What If My Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer doesn’t have workers’ compensation insurance when required, you should report it to the NCIC Criminal Investigations & Employee Classification division and fill out Form 18 and Form 33 with the North Carolina Industrial Commission.
Employers who don’t meet North Carolina’s workers’ comp requirements may open themselves up to litigation. Since they don’t have the proper insurance to cover your injury, you may be able to file a lawsuit against your employer to seek the compensation you need for your medical expenses, lost wages, and other losses.
If your employer has no workers’ compensation insurance, it’s essential that you speak to an experienced workers’ comp and personal injury attorney, like those at Younce, Vtipil, Baznik & Banks, P.A. Our legal team can review your case and provide vital legal advice regarding your options and the best course of action.
What Is Considered a Workplace Injury?
There are a few different types of injuries that qualify for workers’ compensation in North Carolina:
- Workplace accidents – Standalone accidents, such as a slip-and-fall, crushing injury, or electrocution incident, are the most common types of injuries covered by workers’ compensation. These cases can be straightforward to prove, especially with eyewitness testimony.
- Repetitive stress injuries – These injuries appear gradually over time through performing repetitive tasks. Examples of repetitive stress injuries include carpal tunnel for office workers and lower back strains for warehouse workers. Connecting these injuries to your work can sometimes be challenging since no specific incident caused them.
- Occupational illness – Some illnesses can fall under workers’ compensation. The distinction between an occupational disease and a normal illness is whether the work conditions led to or contributed to the illness. For example, various lung diseases are more common among mine, construction, and manufacturing workers. Mesothelioma is also a frequent illness for those whose jobs bring them into contact with asbestos.
The Importance of Reporting a Work Injury Right Away
There are deadlines you’ll need to meet throughout your workers’ compensation claim. The first involves reporting your injury to your employer.
You must report your workplace injury to your supervisor or employer as soon as possible, both verbally and in writing. The earlier you report your injury, the better. Reporting your injury right away can remove any confusion about what occurred and when the incident took place. It will also allow you to begin seeing an approved doctor sooner, which is a key part of the workers’ comp system.
If you can’t report your injury immediately, you have 30 days to make your report. You could lose the right to workers’ compensation benefits for your injury if you miss this deadline. However, if your injury is a repetitive stress injury or occupational illness, the timer may not start counting down until you are diagnosed.
Get in Touch with Our Experienced Workers’ Compensation Attorneys
At Younce, Vtipil, Baznik & Banks, P.A., we have the experience and knowledge to handle your workers’ compensation case. Our lawyers take a hands-on approach to every case, providing personalized care and attention to each client. One workers’ compensation client says: “I was able to relax knowing that my legal situation was being handled.”
Our attorneys, David E. Vtipil and Chip Younce, are Board Certified Specialists in Workers’ Compensation Law. Mr. Vtipil has also been named among the nation’s Top 100 Injured Workers’ Attorneys and has been selected for inclusion in The Best Lawyers in America in the field of Workers’ Compensation Law. We also have fluent Spanish-speaking staff members as well as English speakers to serve more injured workers.
Contact our law office today at 919-661-9000 for a free consultation with a workers’ compensation attorney and to learn more about how our team can help you seek the benefits you deserve.
About the Author
Younce, Vtipil, Baznik & Banks, P.A.
At Younce, Vtipil, Baznik & Banks, P.A., our clients work closely with a legal team that is dedicated to providing outstanding client service and unflinching legal representation. The majority of our attorneys and support staff have worked with our firm for many years.
