If you suffer an on-the-job injury, workers’ compensation can be a major relief to you and your employer. You receive the treatment you require in a timely manner, and your employer is spared the time and expense of having to defend an injury lawsuit. However, it’s possible your employer may never have explained their workers’ compensation plan, or even if they have one, and you may be reluctant to bring up the subject for a variety of reasons.
In North Carolina, your employer is almost always required by law to carry workers’ compensation insurance. This even goes for trucking companies, or other companies where the employees are classified as independent contractors rather than employees. There are a few exceptions, but most businesses are not covered by them.
Your employer does not have to carry workers’ compensation insurance only if:
- They have fewer than three employees, and their work does not involve radiation.
- You are a “casual employee” whose work does not pertain to the regular course of your employer’s business.
- They are a railroad that has specifically been exempted from workers’ comp laws.
- You are employed by a household as a domestic servant.
- You are a full-time, non-seasonal farm laborer, and your employer has fewer than 10 such laborers on the payroll.
- Your employer is the federal government.
- You sell agricultural products and are paid by the farmers who produce them.
If your job does not meet these criteria, your employer is required by law to have workers’ compensation insurance, and could face criminal and financial penalties for not doing so. Furthermore, if you are injured on the job by an employer who does not have workers’ compensation insurance, you may be able to sue them to recover your medical costs.
To report an employer who does not carry workers’ comp insurance, contact the North Carolina Industrial Commission. Before you do so, however, you may wish to engage the services of a North Carolina work injury attorney, like the lawyers at Ricci Law firm. For a free consultation, call us at (252) 777-2222 or fill out a form on our website. We serve clients in Greenville, Fayetteville, Raleigh, and throughout North Carolina.