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  3. FAQs
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  5. Who Is Not Covered by Workers’ Compensation?
On This Page
  1. Who doesn’t Receive Workers’ Compensation Coverage in North Carolina?
  2. Are Certain Kinds of Employees Exempt from Workers’ Compensation?
  3. Different Business Structures and Workers’ Compensation Coverage
  4. Can You Get Funds Without Workers’ Compensation Coverage?
  5. What Compensation do You Get for a Workplace Accident?
  6. How do You File a Workers’ Compensation Claim?

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Who Is Not Covered by Workers’ Compensation?

An injured worker. Find out who workers’ compensation doesn’t cover in North Carolina with our team.

The workers’ compensation system in North Carolina provides coverage to many employees injured on the job. However, exceptions occur within the system. So, who is not covered by workers’ compensation? 

Businesses with under three employees don’t have to provide workers’ comp insurance. Additionally, some industries – like agriculture and logging – do not have to offer workers’ comp coverage in the same way. 

You can learn more about specific exceptions to this insurance coverage with a Raleigh workers’ compensation lawyer from our team at the Whitley Law Firm. Call or complete our online contact form to learn more.

Who doesn’t Receive Workers’ Compensation Coverage in North Carolina?

Generally, all businesses with at least three employees must carry workers’ compensation insurance in North Carolina. However, exceptions exist for:

Agricultural Workers

Agricultural companies with under 10 employees generally don’t have to provide workers’ comp coverage. Seasonal and temporary workers in the agricultural industry may also fall outside of coverage. 

Domestic Workers

Generally, the state exempts caregivers, housekeepers, and babysitters from receiving workers’ comp protections. Individuals injured while working these jobs may reach out to a Raleigh personal injury lawyer for help. 

Railroad, Sawmill, and Logging Employees

Finally, workers’ compensation in North Carolina generally won’t cover individuals working in interstate railroad commerce, logging, or sawmill positions. 

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Are Certain Kinds of Employees Exempt from Workers’ Compensation?

Some classes of employees do not qualify for workers’ comp coverage in North Carolina. For example, you may not qualify for a workers’ comp claim as a: 

  • Casual or short-term employee
  • Federal employee
  • Self-employed individual
  • Contractor

Additionally, some employees receive coverage from other specific laws and not coverage from workers’ comp. For example, longshore and harbor workers have other protections in place instead of workers’ comp coverage. 

Workers’ Compensation Coverage and Religion

Some religious organizations do not have to provide workers’ comp coverage. Additionally, clergy members may not receive this coverage. You can contact a lawyer to see how this applies to your situation. 

Different Business Structures and Workers’ Compensation Coverage

Generally, businesses like corporations have to provide workers’ comp coverage to all employees. However, business owners for partnerships, sole proprietorships, and limited liability companies (LLCs) may exempt themselves from workers’ comp coverage. 

They still have to provide workers’ comp coverage for their employees if they fit other requirements in the state. For example, an LLC with eight employees would likely have to offer workers’ comp insurance.

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Can You Get Funds Without Workers’ Compensation Coverage?

Many people worry about securing compensation following an on-the-job accident if they don’t qualify for workers’ comp coverage in North Carolina. Generally, the state won’t allow you to sue your employer for damages, but you may have other options to secure funds. 

For example, a lawyer may review your situation to see if a third party caused your accident. If so, you may qualify to file a personal injury lawsuit against the individual responsible for your injuries and financial losses. 

For example, let’s say you work for a sawmill and cut your hand due to a defective saw blade. In this situation, you may file a lawsuit against the company that manufactured the tool with a product liability lawyer in Raleigh. 

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What Compensation do You Get for a Workplace Accident?

Regardless of whether or not you qualify to file a workers’ comp claim, you may have a chance to secure funds to cover your expenses after an on-the-job accident. Workers’ comp claims generally provide damages to cover medical costs and a percentage of your lost pay. 

On the other hand, lawsuits may allow you to get compensation for your healthcare bills, lost wages, pain, and emotional suffering. A lawyer can review your situation and provide details about all the funds available in your specific circumstances.

How do You File a Workers’ Compensation Claim?

If you qualify for workers’ comp in North Carolina, you need to report your accident to your employer and seek medical care. Your employer may require you to visit a specific medical provider to establish your claim. 

You may then have to report the incident to the North Carolina Industrial Commission. Reporting your accident quickly can improve your odds of successfully resolving a workers’ comp case. 

A lawyer can provide you with more information about your next steps after an on-the-job accident. Our team can also discuss options that go beyond a workers’ comp claim if you qualify to file a third-party lawsuit. 

Speak to Us About Workers’ Compensation Coverage in North Carolina?

Who is not covered by workers’ compensation in North Carolina? Generally, you may not have coverage if you work for a small company or in specific industries. However, a lawyer from our team at the Whitley Law Firm may still help you secure compensation. 

Find out more about your next steps after a workplace accident by calling or completing our online contact form. 

Learn about what makes us unique and why we are the right firm to help you.

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Benjamin H. Whitley

Benjamin H. Whitley

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FAQs

What Type of Damages Can Be Recovered Following a Car Accident?

What Type of Damages Can Be Recovered Following a Car Accident?

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