What Does Workers’ Compensation Law Cover in North Carolina?

Workers’ compensation in North Carolina provides benefits to employees who are injured or become ill due to their jobs. The law ensures that workers receive support without needing to prove employer fault, but in return, they typically cannot sue their employer for the injury. This system protects both employees and employers in work-related injury cases.

Navigating the workers’ compensation system is difficult, especially when you are already dealing with a serious injury. An experienced Raleigh workers’ compensation lawyer will determine if you meet North Carolina’s workers’ compensation requirements.

Workers’ Compensation Requirements for Employers

Employers must provide workers’ compensation coverage for their employees in most states, including North Carolina. This means that if an employee gets injured or sick due to their job, the employer must have insurance to cover medical expenses, lost wages, and other expenses.

Under the North Carolina Workers’ Compensation Act (NCWCA), most businesses with three or more employees are required to carry this insurance. Failing to provide workers’ compensation coverage can result in penalties and legal consequences for the employer.

Businesses that fall under this workers’ compensation requirement include

• Corporations
• Sole proprietorships
• Limited liability companies
• Partnerships
• Businesses with at least one employee employed in activities that involve the use or presence of radiation

Exceptions

While most employers are required to provide workers’ compensation coverage, there are exceptions. In North Carolina, certain types of businesses or workers may be exempt from coverage depending on the state laws.

Exceptions to North Carolina’s workers’ compensation insurance include:

• Employees of certain railroads
• Casual employees
• Domestic servants directly employed by the household
• Certain farm laborers
• Federal government employees

What About Independent Contractors?

An employer cannot avoid responsibility under the Workers’ Compensation Act by labeling its workers as “independent contractors.” If the employer classifies workers this way and provides them with a Form 1099 for taxes, the Industrial Commission may still determine that they are actually employees. This decision is based on several factors, such as how much control the employer has over how the work is done.

Workers’ Compensation Requirements for Injured Employees

North Carolina’s workers’ compensation law offers a financial safety net for employees who become injured or ill at work. However, to access these benefits, certain requirements must be met. After reviewing your case, a workers’ compensation attorney can determine if you qualify.

Since employers might fight workers’ compensation claims, seek legal representation to protect your rights. An attorney will compassionately guide you through the process and fight for fair benefits.

Qualifying Injury or Illness

In North Carolina, workers’ compensation covers injuries and illnesses that occur directly as a result of the job. For an injury to be covered, it must happen during work and as a result of job duties.

For an injury to be eligible for workers’ compensation, it must occur while you are performing your job duties. Common injuries in workers’ compensation claims include crush injuries, broken bones, and head trauma. For example, if you were to trip over a loose cable while working on a project and sustain an injury, you would likely qualify for benefits.

For an illness to be covered, it must result from exposure to harmful substances or hazardous working conditions. For instance, if you develop respiratory issues from inhaling toxic chemicals while on the job, you may be eligible for compensation.

Report the Injury

In North Carolina, you must report the accident to the employer within 30 days. This timeframe ensures that your employer is aware of the incident and can take the necessary steps to address the situation. Prompt reporting helps protect your rights and can be essential for workers’ compensation claims.

File a Claim

Next, file a claim with the North Carolina Industrial Commission to receive workers’ compensation benefits. To do this, you need to complete and submit Form 18, within two years of the injury or illness.

To file a valid claim, show the following:

• Your job caused the illness or injury
• NCWCA covers your job-related illness or injury
• An employment relationship with your employer

Filing this form ensures that your injury is officially recorded and starts the process of evaluating your claim for benefits. Submit this claim as soon as possible to avoid delays or potential denial of benefits.

Seek Medical Treatment

After reporting the injury, the employer or insurance company will direct the employee to a specific doctor or clinic for evaluation and treatment. To recover, employees must follow the prescribed medical plan and may need to attend follow-up appointments or undergo additional treatments.

Call a Workers’ Compensation Lawyer in North Carolina

Whitley Law Firm has been serving North Carolina residents since 1974. Over the years, we have helped many clients rebuild their lives. If you were injured at work, we can handle your workers’ compensation claim.

Knowing that professionals are taking care of your benefits, you can focus on healing and spending time with your loved ones. Call us today to schedule a legal consultation with our team. We will review the details of your case, determine if you meet the workers’ compensation requirements, and plan the next steps.