A common, although horrible, tactic that we hear from employers who don’t want their workers to file for workers compensation is to tell the injured person that they don’t have or need workers compensation. This would mean that the worker is not legally covered by the company and shouldn’t file a claim either way, as it won’t result in anything. Unfortunately, this does frequently work because people aren’t aware of the workers compensation laws in North Carolina. Our advice is always to file a claim anyway, regardless of what your employer says just in case they are giving you false information whether maliciously or simply out of ignorance.
The North Carolina Workers’ Compensation Act requires all businesses that employ three or more employees to have workers compensation insurance or qualify as self-insured employers. There are exceptions, such as some agricultural workers, workers of some railways, federal government employees, and domestic workers employed directly to a household. You may also not be covered if you are considered an independent contractor. However, you also might be incorrectly labeled as one, and the North Carolina Industrial Commission may rule in your favor despite your employment label from your company.
If your employer says that they do not have workers compensation but do not fall under one of those exemptions, they may very well be breaking the law. If this is the case, they should be reported to the North Carolina Industrial Commission and dealt with through the courts. An employer found to have no workers compensation insurance when they are legally required to can result in everything from fines to prison time. It is dangerous for employers to not have workers compensation insurance for their workers, and this kind of fraud is part of an active crack down. By reporting this type of activity, you are not only helping the state, but also protecting someone else in the future from being in the same position that you are now.
If your employer tells you that they don’t have or need workers compensation insurance, give us a call at Collier Law Firm. You will receive a free consultation, and we can help you figure out whether or not this is true and legal. You deserve to have someone in your corner, and we would be honored to be those people. Give us a call today, and see what we can do to get you the compensation that you deserve.