Are Workers’ Compensation Benefits Available to Construction Workers in North Carolina?

January 15 , 2022

At the Ramsay Law Firm, P.A., our Charlotte workers’ compensation attorneys know that nearly all construction workers in North Carolina are covered by the North Carolina Workers’ Compensation Act.

With few exceptions for other industries and types of workers, the Act generally requires North Carolina employers to ensure that workers’ compensation insurance coverage is available in the event of a death or injury on the job.

Our Charlotte workers’ compensation law firm founder and managing attorney, Martha Ramsay, has been giving a voice to the injured for more than 25 years and can help you determine the benefits you are entitled to.

Your Voice. Our Experience. Seeking Solutions for All Workers.

Does a Construction Company Owe Its Employees a Duty of Safety?

Because of the inherent dangers of the construction industry, construction companies owe a duty of safety to their employees.

Employers, site superintendents, managers, and employees must follow Occupational Safety and Health Administration regulations and other laws to ensure all workers have and use safe and properly maintained tools and equipment, including safety equipment.

Construction employers must also provide safety training, operating procedures, color codes, posters, labels, or signs to warn employees of worksite hazards in a language and vocabulary workers can understand.

When a construction company in North Carolina employs three or more people in North Carolina must carry workers’ compensation coverage. This is no-fault insurance, no matter how a worker is hurt.

If your construction employer is required to carry workers’ compensation insurance, employees are entitled to the benefits the coverage provides.

If your construction company employer claims you were an independent contractor or subcontractor to avoid paying workers’ compensation benefits, contact our skilled Charlotte attorneys right away to learn more about your rights.

Can I Pursue Workers’ Compensation If I Am a Construction Contractor or Subcontractor in North Carolina?

There are multiple advantages for construction companies to hire contractors, including reduced payroll costs, reduced exposure to liability, and greater flexibility.

However, the construction worker is placed at a disadvantage when hired as an independent contractor or subcontractor because of the lack of employer-paid benefits, including workers’ compensation, if they are hurt at work.

From a legal standpoint, it is important to understand who qualifies as a contractor or subcontractor. Just because an employer lists workers as independent contractors does not mean that you are.

Our North Carolina workers’ compensation laws state that if a general contractor or an intermediate subcontractor retains a lower-tier subcontractor, the higher-tier contractor is responsible for ensuring that the lower-tier contractor has workers’ compensation insurance.

Determining who is eligible for workers’ compensation coverage in North Carolina may require the help of a skilled attorney who can outline your legal rights and options to hold your employer accountable for your workplace injuries.

Ask Martha for Help Today.

Can Someone Other Than My Construction Employer Be Liable for My Jobsite Injuries in North Carolina?

If someone other than your employer contributed to your construction site injuries, you may be eligible to file a personal injury claim against a third party.

These claims differ from workers’ compensation claims, as we must prove fault for the accident and resulting injuries.

Third-party personal injury claims may be settled out of court with the negligent party’s insurance provider, or through litigation in a civil lawsuit.

No matter how you were hurt at work, the Ramsay Law Firm can help you determine which benefits you are entitled to, so you can focus on your recovery.

Contact Our Workers’ Compensation Specialists in Charlotte, North Carolina.

At the Ramsay Law Firm, our dedicated workers’ compensation law firm in Charlotte provides free consultations to all injured North Carolina employees by calling (704) 376-1616 or contacting us online

Our Board-Certified Workers’ Compensation attorneys and a skilled team of lawyers and support staff in Charlotte are here to manage each detail of your case, so you can focus on your recovery.

All Workers Welcome. Ask Martha for Help Today.

A Voice For The Injured. Here Every Step of The Way.

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