If you can answer “YES” to the following questions, you may be eligible for workers’ comp benefits in North Carolina:

• Were you injured on the job/at your workplace?
• Did you report the injury to your employer orally and in writing immediately and in any event within 30 days?
• Does your employer have at least 3 employees?
• Does your employer carry workers’ comp insurance?
• Are you classified as an employee, not as an independent contractor?

Were you able to answer “yes” to the above questions? If so, request a free case review with our lawyers today to help you with your workers’ compensation claim.

If you answered “no” to any of the above questions, you may still be eligible for workers’ compensation depending on what happened. During a free consultation with Ricci Law Firm Injury Lawyers, we can let you know if you can still seek workers’ compensation benefits and what steps you need to take next.

Let’s explore some of the above questions about workers’ compensation eligibility in a little more detail below. This should help you understand the many complexities involved in workers’ comp claims and why you need a skilled attorney on your side.

You Suffered an Injury at Your Job or Workplace

Because workers’ comp is a no-fault system of insurance, you don’t have to prove someone else was at fault for the incident that injured you. You just need to demonstrate that the injuries sustained occurred while at work and doing your job.

You cannot collect workers’ compensation for injuries or accidents during your commute or any other activities outside of your work duties.

If there is any ambiguity about whether your injury or illness qualifies for workers’ comp benefits in North Carolina, our attorneys can review what happened during a free case evaluation.

What If the Injury Occurred Outside the Workplace but While Performing a Job-Related Task?

Performing a job duty or work-related task outside of the workplace or worksite may be covered by workers’ compensation benefits.

For example, say that you sustained an injury during an auto accident while driving a company vehicle. You were traveling from one workplace to a different worksite during work hours, and your work-related task involved driving between these locations. In this situation, you will likely qualify for workers’ compensation benefits since you were hurt on the job.

This is also something our workers’ compensation attorneys can evaluate during your free consultation with us.

You Reported the Workplace Injury Within 30 Days

To qualify for workers’ compensation in North Carolina, you must report the injury accident to your employer within 30 days of the incident. Ideally, report the incident both verbally and in writing within this 30-day period so there is a record of the accident and the injuries.

What to Include in an Accident Report to Qualify for a Workers’ Comp Claim

In this report of a workplace accident, be sure to include:

• The date, time, and workplace location of the on-the-job injury
• A description of the accident and how the work-related injury happened
• The specific body part or body parts that were affected by the workplace accident

If you fail to report the accident and injury, you cannot seek workers’ compensation benefits.

What If My Illness or Condition Was Diagnosed More Than 30 Days After a Work Accident?

If you developed an occupational disease due to conditions at your workplace, you may be able to seek workers’ comp benefits. This also applies to workers who were diagnosed with a health problem more than 30 days after exposure to the harmful work condition.

That said, the worker must notify their employer of their occupational disease within 30 days of the formal diagnosis. Failure to notify your employer following the diagnosis of an occupational disease could put your eligibility for workers’ comp at risk.

We should note that workers’ comp claims for illnesses and latent health problems pose a number of challenges even if they are reported on time. Some employers may deny that the worker’s health issue was caused by poor work safety or dangerous working conditions. As soon as you receive an occupational illness diagnosis, be sure to contact our North Carolina workers’ compensation lawyers for assistance with your claim.

Your Employer Has at Least Three Employees

According to the North Carolina Industrial Commission, all businesses that employ three or more employees must obtain workers’ compensation insurance or qualify as self-insured employers to pay workers’ compensation benefits to injured employees.

An employer who is required to carry workers’ compensation insurance but does not have it in place may be breaking the law and subject to severe penalties. Our law firm can look into these matters as part of your consultation and the ensuing claims process.

Are There Exceptions to the Law Concerning the Number of Employees?

Yes. Businesses that involve activities in which a person may be exposed to radiation are required to have workers’ compensation insurance if they have one or more employees.

Certain businesses are also exempt from the need to carry workers’ compensation insurance. For instance, employees of certain railroads may not be eligible for workers’ compensation coverage, nor are domestic workers who are directly employed by a household, regardless of the number of domestic workers on the premises.

If you are worried that you may not be eligible for benefits because your employer is not legally obligated to carry workers’ compensation insurance, we can help. Our attorneys will evaluate the situation and help figure out your options.

Employees vs. Independent Contractors in Workers’ Comp

Most employees across the state are eligible for workers’ comp benefits; this means both full-time and part-time employees. Independent contractors, however, are not eligible for workers’ compensation from their employer.

Who Is Considered an Independent Contractor?

Broadly speaking, an independent contractor is someone who performs services for a business but is not under the employer’s direct control or supervision.

While an independent contractor may contribute regular work to an employer, independent contractors are legally considered separate business entities rather than employees. Many times, independent contractors are paid per project rather than a salary or an hourly wage, and taxes are not withheld from any payments from the employer.

Who Is Considered a Casual Employee?

The presence of casual employees in North Carolina law can further complicate matters since casual employees are technically not part-time employees.

A casual employee is someone who is hired on a short-term or as-needed basis without regular working hours. Casual employees often perform duties that are outside the employer’s usual trade. Given the nature of their duties, casual employees are not eligible for workers’ compensation benefits.

If you are unsure if you are considered an employee, an independent contractor, or a casual employee, our work injury attorneys can provide insight as part of a free case review.

What If I’m an Injured Employee Who Was Misclassified as an Independent Contractor?

This issue is important to highlight since some employers do not classify their independent contractors properly. The North Carolina Industrial Commission explicitly states that even if a worker is referred to as an independent contractor and 1099 forms are issued for tax purposes, the independent contractor could actually be a misclassified employee.

You may be an employee rather than an independent contractor if:

• The employer pays you hourly or via payroll rather than paying you by the job/project
• The employer requires you to follow company policies or procedures that other employees do
• The employer provides you with tools, equipment, or a workspace to complete work for them
• The employer tells you how to do the work rather than just focusing on the final results of the work

If you were misclassified as an independent contractor but were actually an employee of a company, you may be eligible for workers’ comp benefits after an on-the-job injury. The workers’ compensation attorneys at Ricci Law Firm Injury Lawyers can help you seek coverage and pay for any medical bills and other losses you experienced.