Even if you are the most careful person, accidents can still happen. If you are injured while at work, you may be wondering if you can claim medical expenses from your employer and worrying about the effect any absence from work could have on your usual wages. Depending on the size and type of job that you do you may be covered by workers’ compensation insurance which your employer may have been required to take out to provide coverage at work. Workers’ comp claims are normally designed to pay medical costs related to a workplace injury or illness as well as a portion of any lost earnings. Employment in North Carolina Based on the Bureau of Labor Statistics's 2016 information, 4,231,000 people in North Carolina are employed in some kind of job in the state. Like many other states, by far the greatest numbers of people have what might seem to be relatively safe office jobs. There are also many people employed as sales staff in retail and wholesale businesses, food preparation and serving in bars restaurants and cafes, production in agricultural and manufacturing businesses and transportation and material movement. Over half of the state’s workers are employed in these five different types of occupations alone, but there are dozens of other types of jobs, nearly all of which have some level of risk attached to them. Who is Covered by Workers’ Comp in North Carolina? Most employees in North Carolina with some important exceptions should be covered by their employers’ workers’ compensation insurance policy. Effectively, all employers that employ three or more employees, unless they are domestic workers, farm workers or independent contractors are required by law to take out insurance with a private insurance carrier or at least self- insure if they are able to do so. The farm worker situation is that any larger operation or business that employs ten or more workers must also take out insurance, as long as they are non-seasonal. There are a few other exceptions to the state’s workers’ comp requirements. Casual employees who are taken on temporarily may not be covered, nor some railroad workers or federal employees who may be covered separately by federal insurance arrangements. If you are injured at work or become ill, then you should notify your employer or your immediate supervisor. Assuming that your employer has insurance, this accident or illness should be recorded and registered with state workers’ comp authorities in the event that you file a claim. Note that some employers may still be required by law to cover your injury even if you are working for a subcontractor. However, this does not mean that independent contractors themselves are covered under the law. For example, if you are working on a construction site, and are injured when a crane malfunctions and you are hit by a load falling off the crane, you may find that your immediate employer does not have insurance. If your employer is subcontracted by another company, then that company may still be liable for compensating you for your injuries. If you contracted directly with a company, you may have been ineligible for workers' comp benefits. Difficulties With Your Claim? Contact an Attorney! Unfortunately, not every compensation claim goes smoothly. You may find that your employer is not insured for workplace injuries or illnesses as they should be under the law. You may be working in a job where workers’ comp is not strictly necessary, yet you consider that your employer was still to blame for your injuries. Your claim may be denied or the payment seems unsatisfactory. In any of these situations you may find that a workers’ comp attorney or personal injury attorney may be able to assist you.
