Can I Get Workers’ Comp Insurance From My Employer?

In workers’ compensation cases, employees do not receive regular wages while they’re out of work. Instead, if they qualify for workers’ comp insurance, they receive weekly replacement wages until they return to work. If they end up being permanently disabled in any way, their workers’ compensation attorneys in Charlotte will step in and make sure they’re taken care of.

The only way the process works is if your employer has adequate workers’ comp insurance as required by North Carolina law. Almost all states require employers to carry workers’ compensation insurance, so injured employees can receive both medical care and replacement wages. If the employee does end up disabled, this same insurance policy will cover any settlement or lump sum payment that is made.

One of the problems with the workers’ comp insurance system is that employees are expected to live on just 2/3 of their normal wages. Most people cannot survive on this alone. However, as long as they’re out on workers’ comp, they can’t work anywhere else. This means you can’t supplement your income while you’re waiting to return to work.

Here, we’ll discuss how you can make sure your injuries will be covered should you get hurt on the job. We’ll also explain what your options are should your employee fail to carry the requisite insurance. In cases where this happens, you’ll have to rely on your attorney to help get you the compensation you deserve.

How Common are Workers’ Comp Insurance Claims in North Carolina?

According to the U.S. Bureau of Labor Statistics, North Carolina had 189 fatal work injuries in 2020. Work-related deaths in the state range from as many as 234 in 2000 to as little as 109 in 2013. While these numbers may seem low, that doesn’t mean you won’t find yourself out of work due to a workplace accident. If this happens, you should be able to trust that your employer will take care of you.

Under North Carolina law, employers with more than two employees are required to carry workers’ comp insurance. One way to make sure your company has proper coverage is to look them up on the North Carolina Industrial Commission Insurance Coverage Search System.

Make sure you enter the complete and correct company name when typing your search. If you learn that they don’t have insurance, you need to call our office as soon as possible. If you’ve already suffered a workplace injury, then you have no time to waste. 

Workers’ Compensation Law

The law governing workers’ compensation is unique to each state has its own laws governing workers’ compensation. However, there are many similarities in these laws across the country. The amount of coverage they need to have depends on the size of the company. For example, a company with 3 employees won’t need as much coverage as a company with 100 employees.

In addition to maintaining the proper amount of workers’ comp insurance, your employer must also follow safety guidelines. The good news is that your workers’ compensation attorney in Charlotte doesn’t have to prove how much coverage they have.

They just need to help you file your claim against the insurance company and await payment. If the claim is denied or you don’t receive your benefits, then you’ll have a problem. In cases like this, your lawyer will have to file an appeal on your behalf. This may be all the impetus your employer needs to do the right thing and cover your care.

workers' compensation attorneys in Charlotte

Charlotte Self-Insurance

If your employer is self-insured, they won’t show up in the above search engine. Employers must be certain requirements to be self-insured in North Carolina. 

Illegally Uninsured

Workers’ compensation insurance is a legal requirement. Employers who do not carry workers’ comp insurance can face prison time and fines. 

If they don’t carry insurance, your employer will be responsible for paying all your medical expenses as well as your replacement wages. If they refuse to pay you, your Charlotte injury lawyers will need to file a lawsuit against your employer and claim workers’ compensation. 

Rights and Responsibilities of Employers 

All employers with three or more employees must carry workers’ compensation coverage. This coverage is meant to cover any full-time or part-time employees. However, it does not include independent contractors, subcontractors, or consultants. The regulations and rules governing workers’ comp insurance programs may be complex, but it is important to note that not all claims are payable.

The insurance company may decide that your claim should be denied. Of course, they need a good reason to do this. If they deny your claim and your attorney can prove you were entitled to benefits, they’ll have to pay them out. 

Workers’ compensation is a state-mandated system. Employers are responsible for maintaining coverage. Companies are entitled to dispute claims, perhaps arguing that the injury occurred before or after work. They may argue that you were under the influence of drugs or alcohol at the time of your accident.

Either way, they’ll need to demonstrate that you don’t meet the criteria for workers’ comp insurance. At the same time, your workers’ compensation attorney in Charlotte will be doing the opposite. They’ll present proof that your claim should be paid.

Contact Our Workers’ Compensation Attorneys in Charlotte

If you or someone close to you is injured on the job, the employer is responsible for paying workers’ comp insurance benefits. However, obtaining workers’ compensation benefits can be a daunting task. A qualified Charlotte injury attorney will help protect your rights when you are injured on the job. Contact us to get in touch with a member of our team to discuss how we can help.