Worker’s Compensation: Are you Protected?

The North Carolina Workers’ Compensation Act was created to protect workers who have been injured on the job. However, only certain employers are required to maintain workers’ compensation insurance. To determine if you are covered on your job, ask yourself the following questions:

  1. Does your employer regularly employ three or more employees in the same business or establishment?
  2. If you are an agricultural worker, does your employer regularly employ 10 or more full-time non-seasonal workers?

If you answered yes to either of these questions, your employer is required by law to carry workers’ compensation insurance. In addition, the following groups are also covered: 1) individuals who work for the State, City, or County; 2) an individual who works with or around radiation, regardless of the number of employees; 3) individuals who are employees of a construction subcontractor. In addition, employers who may not be required to purchase insurance by law may still choose to do so and carry coverage on their employees.

In addition, there are specific groups of workers who are generally not covered under workers’ compensation. These groups include: 1) residential domestic workers; 2) independent contractors; 3) workers employed only on a casual basis to do work unconnected with an employer’s business; and 4) railroad workers, maritime workers, and Federal employees (all of which are covered under separate State or Federal laws.

If you still have questions as to whether you may be entitled to workers’ compensation benefits, you can contact an attorney who handles these cases or the North Carolina Bar Association.

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