What Happens If My North Carolina Employer Does Not Have Workers’ Compensation Insurance Coverage?

May 29 , 2023

If NC Employer Does Not Have Workers’ Compensation Insurance Coverage?

Worker compensation insuranceWith very limited exceptions, the North Carolina Workers’ Compensation Act requires that all businesses that employ three or more employees, including those operating as corporations, sole proprietorships, limited liability companies, and partnerships, obtain workers’ compensation insurance or qualify as self-insured employers for purposes of paying workers’ compensation benefits to their employees.

While that is true, according to an Insureon poll, 26% of small businesses across the U.S. do not have workers’ compensation coverage. Company fraud in failing to purchase insurance is the largest type of fraud in the workers’ compensation system.

This leads to the bigger question our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A. often get, “What happens if my North Carolina employer does not have workers’ compensation coverage? Who pays for my injuries?”

The State of North Carolina Holds Uninsured Employers Accountable for Non-Coverage

If a North Carolina employer does not have workers’ compensation insurance, the company faces fines between $18,250 and $36,500 per year, even if there are no workplace injuries.

An employer required to provide workers’ compensation who “willfully fails” to secure coverage can be charged with a Class H felony.

In addition to fines and criminal charges, non-insured North Carolina employers continue to be liable for medical and wage replacement benefits related to an employee’s workplace injuries.

The injured North Carolina employee has the option to bring their claim before the North Carolina Industrial Commission or file a negligence claim in the civil courts. Our Charlotte workers’ compensation attorneys can help you understand your legal rights and options to pursue your employer for your full financial recovery — even if the company does not have workers’ compensation insurance.

Contact Our Skilled Workers’ Compensation Attorneys in Charlotte, North Carolina

Our dedicated Charlotte workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling 704-376-1616 or contacting us online.

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

Why Choose Ramsay Law Firm?

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