North Carolina Workers' Compensation 101 – Back to Basics (Part I)
Whether you’re an experienced North Carolina workers’ compensation insurance adjuster or an NC employee who’s recently been hurt on the job, here are some answers to basic questions you might have about the origins and process of the state’s system.
1. How is workers’ compensation different from long term disability?
Answer: Workers’ comp benefits pay out for injuries sustained during the course of work. Disability benefits pay out for non-work related injuries. For instance, if you lost your hand in an assembly line accident on the job, you’d file a workers’ compensation claim. If, on the other hand, you lost your hand in a non work related context – for instance, while fishing with your family – you would file for disability.
2. Are all companies in the state mandated to carry North Carolina workers’ compensation insurance?
Answer: Most are. Exceptions apply, however. If you’re an employer or prospective employer, and you’re not sure whether or not you need to acquire insurance, the North Carolina Industrial Commission can advise you. You might also consider retaining an attorney. After all, employers who fail to carry enough workers’ comp insurance can be hit with pretty serious penalties if they’re caught, and their personal assets may even be up for grabs in certain situations.
3. If you were hurt and your employer doesn’t have insurance, what are your options?
Answer: It may be possible to make a claim against the company’s assets or against your employer’s personal assets. You also may have other legal mechanisms available to collect payment. Discuss your matter with an attorney.
4. Can independent contractors collect workers’ compensation?
Answer: Independent contractors are not considered employees, according to North Carolina workers’ compensation law. This means that, if a contractor gets hurt while on the job, he is generally not entitled to file a claim against the person or entity who hired him. However, depending on the injury, the nature of the work, and the type of working arrangement, in some situations, independent contractors can make a case. For instance, an independent contractor might argue that he should have been designated as employee and thus should be entitled to collect benefits.
More Web Resources
NC’s Workers’ Compensation Act
