Do All Employers Need to Provide Workers’ Compensation Insurance?

Oct 08, 2010 3 Comments by

In short, it depends. According to North Carolina General Statute §§ 97-2(1)97-2(3)97-93 an employer must carry workers’ compensation insurance if:

Three or more employees regularly employed in the same business or establishment, or

One or more employees employed in activities which involve the use or presence of radiation, or

If providing agriculture or domestic services, 10 or more full?time nonseasonal agricultural workers regularly employed by the employer

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This is to ensure that if an employee were to be injured on the job then the insurance company could handle the cost, therefore limiting the risk of the employer being insolvent and not being able to pay for treatment.  This also ensures that the employee will receive compensation for their treatment sooner.

However, there are some exceptions to this rule.  One of these exceptions is when there is an independent contractor working for an employer.

Since an independent contractor is not an employee, the employer does not have to provide workers’ compensation insurance for them.  Since, technically, they are not an employee, the North Carolina Industrial Commission does not have jurisdiction over this relationship.  The definition for employee is defined by North Carolina statute §97-2, but there are some easy ways to determine if you are an employee or an independent contractor.  The first of these would be to look at the kind of tax form you receive.  If you are receiving a W2 then you are most likely an employee, if you are receiving a 1099 then you are probably an independent contractor.  Also do you get paid overtime or certain hourly wages? Do you wear a uniform that the owner of the business has required you to wear? These are all helpful ways to determine if your “employer” must have workers’ compensation insurance  in case you are injured on the job.

Duncan Law Blog, Workers' Compensation
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At Duncan Law, LLP our goal is pretty simple. We try to make people's lives better. And in doing so we try to treat people the way we would want to be treated. It's just that simple.

We practice primarily in the areas of bankruptcy and workers' compensation. We have offices in Charlotte, Greensboro and Winston-Salem, NC.

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3 Responses to “Do All Employers Need to Provide Workers’ Compensation Insurance?”

  1. Doall carolina | Yourinvitation says:

    [...] Do All Employers Need to Provide Workers’ Compensation Insurance?Oct 8, 2010 … Do All Employers Need to Provide Workers’ Compensation Insurance? … According to North Carolina General Statute §§ 97-2(1), 97-2(3), … [...]

  2. North Carolina To Employers: Pay For Worker Injuries Or Go To Jail says:

    [...] the state required to protect their employees with insurance actually don’t.In North Carolina, a business must carry workers’ compensation insurance if it employs three or more workers, has one or more employees using or in the presence of [...]

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    [...] North Carolina, a business must carry workers’ compensation insurance if it employs three or more workers, has one or more employees using or in the presence of [...]

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