Workers Compensation in NC

For purposes of the Workers’ Comp Act, the definition of employee includes every full and part-time worker who is appointed or contracted to do a task (with or without a written contract), apprentices, subcontracted workers, non-residents and minors. It even includes workers who are not lawfully employed. Excluded from this relatively broad definition are people whose employment is “casual” and not in the course of the employer’s business, trade, occupation or profession.

Because back injuries frequently occur simply in the normal course of some employees’ work, there is an exception to #2 above for back injuries. It is enough that the back injury arose out of a specific incident on the job. Of course, back injuries that occur from accidents such as load handling accidents, falls, and machine accidents are covered too.

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What does “arose out of my employment” mean?

This means that whatever you were doing that caused your injury generally had to have been within the scope of your employment. For example, if you were a receptionist whose specified tasks were limited to answering phones, going through mail and doing client intake, but you climbed up on a ladder to do something that you were not asked or expected to do and got hurt, this probably would not be covered. The takeaway from this requirement is that just because you were injured while you were technically on the clock or at work, does not necessarily mean that you can recover workers’ comp.

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How do I know if my employer is covered by the NC Workers’ Comp Act?

Almost all businesses that regularly employ either three part-or-full-time workers are required by law to be covered by workers’ comp in North Carolina. This applies regardless of whether the workers are recurring seasonal employees or even family members. There are exceptions and special rules for all different types of employers such as trucking operations and contractors, who are required to have workers’ comp coverage for its workers regardless of the number of employees. Another group that follows this rule is employers whose business involves the use of radiation.

This is not enforceable. Workers’ compensation cannot be waived by a written agreement. It is mandatory that your employer pay it as long as the four conditions listed above are met.

I’m afraid I might get fired or demoted if I file a workers’ comp claim.

It is prohibited by law for employers to do this. North Carolina has specific laws to protect injured employees from being retaliated against by their employers for filing a workers’ comp claim. If you physically cannot perform your job anymore after your injury, your employer may be able to fire you depending on the situation, but if you are able to work and feel that you were fired in retaliation, you may have a claim against your former employer under the North Carolina Retaliatory Discharge Act.

There are multiple points in the process at which you may find yourself wondering if you need a workers’ comp attorney (this area is also referred to as “workman’s comp” or “workmen’s comp”). Maybe you were just injured and need someone to help you determine your options. Perhaps you’re worried about getting the disability payments or medical treatment you need and deserve; are being pressured to accept a settlement; or don’t know if you have any options to dispute the injury rating (i.e., “10 percent disabled”) you receive from your workers’ comp doctor. While it is always advisable to seek the assistance of an experienced workers’ comp attorney as soon as possible in the process, regardless of where you are on the timeline you should consult with an attorney to know your options and have someone fight for your rights and livelihood.