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If You are Hurt at Work and Your Employer Doesn’t Carry Workers’ Comp, You Still Have Legal Options.
The work ethic runs deep in central North Carolina, from the textile mills that once dotted Randolph County to the construction sites and small businesses across Moore County. We know what hard work looks like, and we understand that sometimes, that work can lead to injury.
Like many people around Carthage and Asheboro, we at Rowland & Yauger, Attorneys & Counselors at Law, began our careers in blue-collar jobs before ever setting foot in a law school classroom. We have a real connection to our community and the people who make it run. Because of that background, we understand the shock and worry that hits when a workplace accident happens, especially if you discover your employer failed to follow the law.
The North Carolina Workers’ Compensation Act is designed to protect injured workers and their families. It is a vital and sound system, but what happens to your family and your ability to heal if your employer does not have the legally required Coverage?
If you are injured on the job and your employer does not have workers’ compensation insurance, it is essential to understand your rights and legal options.
What is North Carolina’s Workers’ Compensation Requirement?
The state of North Carolina makes the rules very clear: most businesses that employ three or more employees are required to either secure workers’ compensation insurance or qualify as a self-insured employer. This rule, outlined in North Carolina General Statute 97-93, is mandatory for a vast majority of North Carolina’s employers, including corporations, partnerships, sole proprietorships, and limited liability companies.
Please note that the system is a no-fault system. Generally, this means if you are an employee who suffers from a work-related injury or illness, you can receive benefits regardless of who was at fault for the accident.
In return for this streamlined access to benefits, the employer is typically protected from a personal injury lawsuit, thanks to the “exclusive remedy” provision. But this all can change if your employer breaks the rules.
So, What Does it Mean if Your Employer Fails to Carry Coverage?
When a North Carolina employer ignores the law and fails to secure the required workers’ compensation insurance, they often can face severe legal consequences. For one, they would lose the exclusive remedy protection that workers’ compensation offers.
For the injured worker, this loss of protection for the employer opens a different legal path. It means you may now have the legal right to pursue a traditional civil lawsuit against your employer, much like a typical personal injury case. This makes your case vastly different from a standard workers’ compensation claim.
What Penalties May My Employer Face?
Employers who willfully fail to secure workers’ proper compensation insurance can face significant penalties, including daily fines, civil penalties from the North Carolina Industrial Commission (NCIC), and even criminal charges. The state of North Carolina takes these violations seriously.
These consequences, however, may not directly compensate you as the injured worker. Your experienced and passionate personal injury lawyer’s primary goal is to ensure that you and your family are financially secure after a serious injury.
What are the two main paths to Obtaining Compensation from Your Uninsured Employer?
When your employer does not have Coverage, you commonly have two main options for seeking compensation, both of which are serious legal procedures that benefit from guidance from a dedicated and experienced local personal injury legal team.
These two main paths are:
- Path 1: Filing a Claim with the North Carolina Industrial Commission (NCIC)
Even without insurance, you still file your claim with the North Carolina Industrial Commission, which is the agency that oversees the workers’ compensation system. You must file a formal claim. This is done by using the “Notice of Accident to Employer and Claim of Employee.” The NCIC then directs the claim against the non-insured employer.
If the NCIC determines your injury is compensable, then your employer is personally liable for paying your needed and deserved benefits. These benefits include payment for medical treatment and replacement for a portion of your lost wages, and more. The NCIC has the power to order the employer to pay the compensation you are owed out of their own pocket.
- Path 2: Filing a Civil Personal Injury Lawsuit
Since the employer failed to maintain the required workers’ compensation coverage, they will lose their exclusive remedy defense. This is a significant legal point. It means that, as the injured employee, you can often file a personal injury lawsuit against your employer in the North Carolina court system, such as in the Superior Court in Moore or Randolph County.
A civil lawsuit will usually now allow you to seek compensation for damages beyond what is available under workers’ compensation. While workers’ compensation is commonly limited to medical bills and a percentage of lost wages, a lawsuit allows you to seek a broader range of damages, including pain and suffering.
To win a civil lawsuit, you typically must prove that your employer’s negligence caused your injury. This is a much higher burden of proof than in a workers’ compensation claim. Proving negligence means showing that the employer failed to act reasonably to keep the workplace safe and that this failure directly led to your injury.
Why Local Knowledge Truly Matters in Carthage and Asheboro Personal Injury Cases.
Handling a workers’ compensation claim against an uninsured employer or pursuing a personal injury lawsuit is a significant and demanding legal undertaking. It requires knowledge of both the NCIC system and the civil court process. It also requires the ability to navigate local court procedures, whether you are dealing with a case in the Moore County Courthouse in Carthage or the Randolph County Courthouse in Asheboro.
When you are facing lost wages and mounting medical bills, trying to get through this legal battle alone is a dangerous and unwise decision. Our empathetic and skilled personal injury lawyers have seen firsthand the significant stress that an injury can cause a hardworking family. Our clients are everyday people, and they deserve the best possible outcome when their employer fails to meet their needs. Our deeply experienced lawyers have handled a diverse range of legal issues for our neighbors and are committed to walking you through every step.
Protecting Your and Your Family’s Future After a Workplace Injury.
If you believe your North Carolina employer did not have the required workers’ compensation insurance when you were injured, you must act quickly. The statute of limitations for filing a workers’ compensation claim is typically two years from the date of injury, in most cases. Do not let that deadline slip away.
Gather any evidence you have, including reports of the accident, medical records, and information about how many employees your employer generally has. Contacting the North Carolina Industrial Commission is a good first step, but consulting with a deeply passionate and local legal team that understands both the NCIC rules and the local court system is essential.
You deserve a team that understands the value of a hard day’s work and will fight to protect your rights.
No matter what kind of legal matter you or your family may be facing, trying to get through it on your own is a dangerous decision. Even minor issues can have lasting and significant consequences.
Here at Rowland & Yauger, Attorneys & Counselors at Law, we have over 25 years of experience helping people overcome legal problems in Moore and Randolph Counties. Our commitment to the community we grew up in has helped us earn over 1100 5-star reviews (across our two offices) and serve more than 60,000 clients.
If you have been injured on the job and your employer does not have workers’ compensation insurance, please get in touch with us today.
Contact our Carthage office at (910) 621 -2991 or our Asheboro office at (336) 537-5547 to schedule a consultation. We are ready to put our experience to work for you, your family, and your future.
