Bringing a Workers' Compensation Claim in NC
Under North Carolina law, you must show that an employee suffered an accidental injury that arose out of or during the course of employment with an employer required to have workers’ compensation insurance. Sounds simple, right? Well, let’s dig a little further…
What is the injury?Workplace injuries can take the forms of all types of things. Traumatic events may cause injuries such as broken bones, sprains, nerve injuries, torn tendons or loss of limbs. Other issues may arise from work involving repetitive motion such as tendonitis, carpel tunnel syndrome, or bursitis. Injuries can even occur from working in hazardous environments like bring exposed to dangerous chemicals or an extremely loud workplace environment. Like people, all injuries and how they arose are different and unique.
Did the injury arise out of the course of employment?You must show that there is some casual relationship between the injury and the employment. An injury arises out of the employment when it comes from the work the employee is to do, or out of the service(s) he is to perform, or as a natural result of the risk of the employment.
Is my employer subject to the NC Workers' Compensation Act?All businesses that regularly employ THREE OR MORE employees are required by NC law to obtain workers* compensation or qualify as self-insured employers. There are some exceptions, though.
What are the exceptions?Businesses in which ONE OR MORE employees* work involves the use or presence of radiation are required to have workers* compensation insurance. But, sawmills and logging operators with LESS THAN TEN EMPLOYEES, and who saw or log less than 60 days in any six consecutive months, agricultural employers with less TEN OR MORE full-time, non-seasonal agricultural workers, domestic servants who are directly employed by the household, independent contractors employed by a business or individual, certain railroad employees, sellers of Agricultural Products (persons, firms, or corporations) engaged in selling agricultural products for the producer(s) either for compensation or for other consumption, paid and prepared for sale by the producer(s) are NOT required to carry workers' compensation insurance.