What To Do When Your North Carolina Employer Refuses to File a Workers’ Compensation Claim?

February 22 , 2024

At the Ramsay Law Firm, P.A., our Charlotte workers’ compensation attorneys know that, according to the North Carolina Industrial Commission, North Carolina employers “must immediately report to its Workers’ Compensation insurance carrier any injury or occupational disease, or allegation by an employee of an injury or occupational disease, sustained in the course of employment for which the attention of a physician is needed or actually sought.

 Refuses to File a Workers’ Compensation

If an injury or alleged injury causes the employee to be absent from work for more than one day, or the employee’s medical expenses are greater than $4,000.00, the employer or carrier must file with the Industrial Commission a Form 19 ‘Employer’s Report of Employee’s Injury to the Industrial Commission’ within five days of learning of the injury or allegation.”

But what if they don’t? What if your employer doesn’t report your workplace injury to their workers’ compensation insurance provider or the Commission? Can you sue them? In most cases, the answer is no. However, you do have options.

What Can I Do If My North Carolina Employer Refuses to File a Workers’ Compensation Claim for My Injury?

Whether your employer’s reasoning behind failing to file a claim is that they are afraid their insurance premiums will increase, are intimidated by what the business owner will say, or want to keep a clean record, North Carolina employees are entitled to workers’ compensation benefits regardless of who caused the accident.

You can do so by:

Our team of attorneys has helped workers across various industries and can apply our knowledge and experience to your case while also understanding that you have unique concerns and needs that must be addressed. We offer free consultations to meet with you one-on-one and learn more about your story. Contact our dedicated Mecklenburg County workers’ compensation law firm at (704)-376-1616 or online.

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