In North Carolina, all employers are required to provide workers’ compensation to their employees if they employ three or more employees. Businesses including limited liability companies, sole proprietorships, and corporations all have this requirement.
There are some exceptions for certain employers. For instance, if you are a railway worker, your employer will not have to carry workers’ compensation insurance. Domestic servants and freelancers are not covered by workers’ compensation, and farm laborers working for a person with fewer than 10 full-time employees won’t be covered. There are other exceptions as well.
If you work in radiology or with radiation and are the only employee, you will be able to access workers’ compensation. Under North Carolina’s laws, businesses that work with radiation are required to provide workers’ compensation regardless of the number of workers on site.
Normally, if workers are independent contractors, they are not covered by workers’ compensation, but the Industrial Commission may still accept a claim if you can provide evidence that you work for an employer regularly. The Industrial Commission may also look at the amount of control your employer has over you to determine if you are indeed an independent contractor.
Employers who don’t follow the state laws regarding workers’ compensation face heavy penalties and fines. They can be imprisoned and may be charged with a felony or misdemeanor.
Our website has more information on the steps you should take if you’ve been hurt at work and need to file a workers’ compensation claim. If your employer isn’t carrying insurance, you may need to see a different type of claim moving forward.