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Contact the Law Offices of James Scott Farrin 1-866-900-7078

How do I know if my employer has workers' compensation benefits?

We receive many calls every year from North Carolinians who lost out on workers' compensation benefits, simply because they didn't realize they could apply for them.

It's a little heartbreaking because those are benefits that could have paid for important medical procedures or helped them pay their rent.

So, if you've been hurt at work, how can you know if your employer has workers' compensation benefits?

Well, of course there are some exceptions, but in short if you meet the following criteria, your employer is probably legally required to carry workers' compensation insurance:

  1. Your place of employment has three or more employees (or if your work involves radiation)
  2. You are a "regular employee"

WorkersComp52_07022014What does a "regular employee" mean in workers' compensation?

We're often asked this and it's an excellent question. The problem is that "regular employee" can be somewhat open to interpretation - especially in positions such as:

  • Agents
  • Commission-based employees
  • Independent contractors
  • Part-time workers
  • Subcontractors

However, all of these positions can qualify for workers' compensation, depending on the circumstances, which usually includes how much control the employer has over their job.

In fact, the North Carolina Industrial Commission (NCIC - the legal body in charge of enforcing workers' compensation laws) specifically addresses the problem of businesses trying to skirt around paying workers' compensation for employees by calling them "independent contractors:"

"An employer is not relieved of its liability under the [Workers' Compensation] Act by calling its employees 'independent contractors.' Even if the employer refers to its workers as independent contractors and issues a Form 1099 for tax purposes, the Industrial Commission may still find that the workers were in fact employees, based upon its analysis of several factors, including but not limited to the degree of control exercised by the employer over the details of the work."

So if your boss tells you what to do, how to do it, when to do it and where to do it, you're probably an employee.

Who are the exceptions in workers' compensation?

Although they're not excluded from workers' compensation, the following are the main categories of employment that the rules for workers' compensation eligibility are a little different. They are:

  • Agricultural/Farm workers
  • Domestic servants (Nannies, Maids, etc.)
  • Government employees
  • Railroad employees

If you've been hurt while working and fall into one of these categories, we highly recommend that you contact a workers' compensation lawyer in NC.

Fight for all the workers' comp benefits you may need

Workers' compensation laws in North Carolina are complicated. And even if you receive some benefits, it might not be everything you're entitled to.

In our experience, insurance companies may be accommodating up front, but as your claim drags on, they may be more likely to deny treatments you may need or try to send you back to a job that's not comparable to the one you had before.

We may be able to help.

NC Workers' Compensation Attorneys

At the Law Offices of James Scott Farrin, we've put together a workers' compensation team that we're proud of.

From a former NC state senator, to former NCIC members, to Board Certified Specialists in NC Workers' Compensation Law to former defense attorneys for insurance companies - we've put together a well-rounded team to serve our clients.*

Give us a call for a free case evaluation at 1-866-900-7078. We'll let you know if we think we can help and there's no obligation to hire us afterwards.

*please note some attorneys may hold multiple designations

Contact Information

Asheville Law Office

300 Ridgefield Court Suite 309
Asheville, NC 28806
Phone: 828-552-8215
Toll Free: 1-866-900-7078

Charlotte Law Office

301 S McDowell St, Suite 900
Charlotte, NC 28204
Phone: 704-599-1078
Toll Free: 1-866-900-7078

Durham Law Office

280 South Mangum Street, Suite 400
Durham, NC 27701
Phone: 919-688-4991
Fax: 800-716-7881

Fayetteville Law Office

2915 Raeford Road, Suite 204
Fayetteville, NC 28303
Phone: 910-488-0611
Toll Free: 1-866-900-7078

Goldsboro Law Office

1308 Wayne Memorial Drive, Suite B
Goldsboro, NC 27534
Phone: 919-731-2581
Toll Free: 1-866-900-7078

Greensboro Law Office

300 N. Greene Street, Suite 850
Greensboro, North Carolina 27401
Phone: 336-665-7072
Toll Free: 1-866-900-7078

Greenville Law Office

702 Cromwell Dr. Suite G
Greenville, NC 27858
Phone: 252-355-5205
Toll Free: 1-866-780-3227

Henderson Law Office

514 Dabney Drive, Suite 200
Henderson, NC 27536
Phone: 252-492-4600
Toll Free: 1-866-900-7078

Morganton Law Office

216 N. Sterling Street, Suite B
Morganton, NC 28655
Phone: 828-219-3080
Toll Free: 1-844-520-2894

New Bern Law Office

1505 South Glenburnie Rd, Unit P
New Bern, NC 28562
Phone: 252-634-9010
Toll Free: 1-866-780-3422

Raleigh Law Office

4325 Lake Boone Trail, Suite 100
Raleigh, NC 27607
Phone: 919-834-1184
Toll Free: 1-866-900-7078

Roanoke Rapids Law Office

709 Julian R. Allsbrook Highway
Roanoke Rapids, NC 27870
Phone: 252-537-9670
Toll Free: 1-866-900-7078

Rocky Mount Law Office

144 Woodridge Court
Rocky Mount, NC 27804
Phone: 252-937-4730
Toll Free: 1-866-900-7078

Sanford Law Office

703-B South Horner Boulevard
Sanford, NC 27330
Phone: 919-775-1564
Toll Free: 1-866-900-7078

Wilson Law Office

2315 Airport Blvd Suite A
Wilson, North Carolina 27896
Phone: 252-246-9090
Toll Free: 1-866-900-7078

Winston-Salem Law Office

301 N. Main Street, Suite 2409-C
Winston-Salem, NC 27101
Toll Free: 1-866-900-7078