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Do all employers carry workers’ compensation insurance?

On Behalf of | Jul 29, 2021 | Workers' Compensation |

Most people assume that if they get hurt on the job, their employers are required to take care of them and cover their losses. The truth is, the vast majority of employers are required to carry workers’ compensation insurance which can cover medical expenses, lost wages and various other losses associated with work-related injuries. However, under North Carolina law, not all employers are required to do this.

Which employers are exempt from carrying workers’ comp insurance?

According to the North Carolina Industrial Commission, employers with three or more employees are required to carry workers’ comp insurance. There are a few exceptions to this, though. The following employers do not have to supply workers’ compensation insurance:

  • Certain railroads
  • Households employing domestic servants
  • Those who employ casual employees
  • Farmers with less than 10 employees
  • Certain sellers of agricultural products

Many employers might think classifying their employees as independent contractors relieves them of their duty to carry workers’ comp insurance, but it does not. Most employers who depend on the work of subcontractors may also believe they do not have to cover these employees if injured on the job, but that is not the case. Failure to carry workers’ comp insurance for all employees deemed eligible under North Carolina law can result in an employer being fined and facing criminal charges.

What can you do if your employer lacks workers’ comp insurance?

North Carolina residents who are eligible for workers’ compensation benefits but whose employers fail to carry worker’ comp insurance may file claims with the state and take legal action against their employers. Not sure how to do all this? Legal counsel may be able to help one do what is necessary to seek maximum relief for any losses resulting from a workplace injury.