Workers Compensation Attorney in Wilmington NC: Employer Workers Compensation Requirements

Workers compensation has long been a controversial, and often confusing, topic of debate for employers and employees alike. In North Carolina, there are specific requirements that need to be adhered to by business owners regarding this type of insurance.

Here, Bain & Rodzik's workers compensation attorney in Wilmington NC explains the state's employer requirements for workers compensation.

What Types of Businesses Need to Carry Workers Compensation Coverage?

Under North Carolina law, all businesses that regularly employ three or more employees must carry workers compensation insurance or qualify as self-insured employers. There are exceptions to this rule, however. These include:

  • Any business with the presence of radiation is required to carry workers compensation insurance if it has at least one employee
  • Any logging or sawmill operator is not required to carry workers compensation if it meets the following: (a) it has less than 10 employees, (b) its principal business is not sawmilling or logging, (c) it saws and/or logs less than 60 days in any six consecutive months
  • Any business that is part of the federal government has its workers compensation coverage through the U.S. Department of Labor
  • Agricultural employers are not required to carry workers compensation insurance unless it has 10 or more full-time, non-seasonal workers

What Type of Workers are Excluded as Employees?

Not all workers are classified as employees under North Carolina law. For example, if a worker does not perform work that pertains to the regular course of the defendant's business, then that person may be excluded as an employee and therefore not be coverable by the company's workers compensation insurance. This can apply to casual employees such as freelancers, household servants or particular railroad employees.

What are the Consequences for Employers Who Do Not Carry Workers Compensation?

If an employer is one that is required by the State of North Carolina to carry workers compensation coverage and they choose not to be insured, then the company could face strict consequences if its negligence be uncovered. For example, the company may be fined as much as $100 per day per employee. It may also be charged with a misdemeanor or a felony, which could ultimately result in the owner being imprisoned.

When Can I Do if I am Injured on the Job But My Employer Does Not Have Workers Compensation Insurance?

If you have recently been injured while on the job and your employer either does not have workers compensation coverage or the company is refusing the legitimacy of your claim, contact Bain & Rodzik's experienced workers compensation attorney in Wilmington NC as soon as possible. We can help you get the compensation you need and are entitled to.

Even if your employer is not covered by a workers compensation policy, there are still ways you can receive compensation. An attorney who is well-experienced in this area of law can help you get the results you're looking for.

Call the Law Firm of Bain & Rodzik today at 910-762-1199 to schedule a free initial consultation. There is absolutely no obligation in calling us and you pay absolutely nothing unless we win your case.