Marcari, Russotto, Spencer & Balaban
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Employers’ Obligation

Employers' Obligation to Obtain and Maintain Coverage in North Carolina

Businesses must meet requirements of NC Workers’ Compensation Act

North Carolina law requires all businesses employing three or more workers to purchase workers’ compensation insurance or to have sufficient means to self-insure. Employers who fail to comply face stiff sanctions, including fines and criminal charges. However, there are exceptions to every rule, and your employer might claim his business falls into one of these exceptions. If and when that happens, Marcari, Russotto, Spencer & Balaban is prepared to help. Our experienced workers’ compensation attorneys examine the facts of your case and aggressively pursue the full benefits you’re entitled to.


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Exceptions to North Carolina’s workers’ compensation law

Although the state’s workers’ compensation statute is quite comprehensive, some businesses in some industries are not required to comply. The NC Industrial Commission lists workers who fall into categories that are exceptions to the law:

  • Employees of certain railroads
  • Casual employees, referring to those individuals who do not perform “work pertaining to the regular course of defendant’s business”
  • Domestic servants directly employed by the household
  • Farm laborers whose employers regularly employ fewer than 10 full-time, nonseasonal farm workers
  • Federal government employees in North Carolina
  • Sellers of agricultural products

Even if your company insures its workers, you might be excluded if you do not have the required employer-employee relationship. If your company calls you an independent contractor and issues you a 1099 for tax purposes, it can claim you are an independent contractor. However, how your company classifies you is not the last word on this issue. Companies routinely misclassify workers to avoid payroll tax and insurance requirements. You might still be an employee for workers’ comp purposes, and our experienced attorneys can help you make your case.

Contact our lawyers to enforce your workers’ compensation rights in North Carolina

If your employer says you’re not covered for a work-related injury or illness, Marcari, Russotto, Spencer & Balaban is ready to help. Our experienced legal team can help you get the benefits you deserve under North Carolina law. Call us at (888) 351-1038 or contact us online for a free consultation.

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