North Carolina law specifies that any business that employs three or more people is required to carry workers’ compensation coverage.
Any employer that employs three or more people is required to carry workers’ compensation insurance in North Carolina. While this is the general rule, there are a few exceptions:
Any business that involves the presence of radiation is also required to have workers’ compensation insurance, even if the business has less than three employees.
To be sure that you’re properly interpreting workers’ compensation requirements in North Carolina, consult a licensed insurance professional or review state law if you believe that your employees fall into one of these exceptions.
If a North Carolina business employs three or more individuals, whether full- or part-time, it must provide workers’ comp coverage. Part-time employees are required to have workers’ compensation insurance in North Carolina if they do not fall into one of the above exceptions.
In general, a sole proprietor who has no employees, members of LLCs, and partners are not counted as employees and are not required to have workers’ compensation coverage.
Officers of a corporation might choose to be excluded from coverage but are still counted toward the three-employee minimum. Executive officers or directors or committee members of a nonprofit are not counted under some circumstances.
Independent contractors are not required to have coverage, but several factors affect whether a person is, in fact, an independent contractor for the purposes of workers’ compensation. North Carolina law has specific criteria for determining if someone is an independent contractor.
There are strict penalties for failure to comply with North Carolina workers’ compensation law, including fines and possible criminal prosecution.
The North Carolina Industrial Commission imposes a fine of one dollar per employee per day for failure to secure coverage. This penalty carries a $50 per day minimum and a $100 per day maximum, regardless of the number of employees. To put it in perspective, if an employer fails to carry coverage for one year, it would face a fine between $18,250 and $36,500.
If the failure to secure coverage is found to be “willful,” the employer could be charged with a felony. If the failure is neglectful, it could be ruled a misdemeanor. Any person whose job it is to maintain workers’ compensation insurance for an employer can be held personally liable for the compensation owed to an injured worker. That person could also face criminal charges.
If an injury occurs, the employer would be responsible for medical treatment costs and wage replacement benefits, even if it did not carry the required insurance. Therefore, the protection that a workers’ compensation settlement would offer to an employer would not exist.
A settlement provides full closure to any claim, which means that the employee would never be able to bring additional litigation or request additional financial help. If there is no coverage, then the employee can sue the employer for damages, which would likely be more time-consuming and costly than a settlement.
Each state is different when it comes to workers’ compensation cost. Estimated employer costs for workers’ compensation in North Carolina are $1.06 per $100 in covered payroll, according to the National Academy of Social Insurance [PDF]. North Carolina is a competitive rating state, which means that the market can affect price quotes.
However, the Industrial Commission does have set minimums and maximums by occupation. To determine costs for workers’ compensation insurance in North Carolina, each employee has a class code based on the level of risk for a particular job. In some cases, different employees at the same company would have different levels of risk, depending on their specific roles. For example, a receptionist with a desk job would have a lower risk category than a landscaper who trims trees.
North Carolina law specifies that an employer is required to immediately report any work-related injury or illness to its insurance carrier. If the employee must miss more than one day of work, or if the medical expenses are more than $2,000, the employer or carrier must file a report to the Industrial Commission within five days. That report must also be provided to the employee, along with a blank report that the employee can use to file a claim.
Workers’ compensation death benefits in North Carolina can, under certain circumstances, be more flexible than in some other states. The North Carolina Supreme Court created what is called the “Pickrell presumption,” which means that if the exact cause of death is unknown and the circumstances of the accident are unexplained, the dependents of a deceased worker might still be able to receive workers’ compensation benefits.
A surviving spouse and minor children are presumed to be wholly dependent. The spouse would need to be living with the deceased worker or living apart for justifiable cause. A minor child is any child under 18 years old, including adopted children, stepchildren, acknowledged illegitimate children who are dependent on the worker at the time of death, and any children born after the worker’s death.
If there are no wholly dependent family members, benefits would go to partially dependent individuals, based on the amount of support that the deceased worker had been providing. Benefits can also be paid to next of kin in a lump sum. If there is no next of kin, workers’ compensation insurance pays only for burial expenses.
The weekly death benefit is two-thirds of the deceased worker’s average weekly wage, payable for a minimum of 500 weeks, or until a child turns 18. Burial expenses can be paid up to $10,000.
There are a variety of reasons why an injured employee would find it advantageous to choose a workers’ comp settlement to close a claim. It would provide immediate cash to pay medical bills and avoid a lengthy hearing process, but it’s also beneficial for the employer.
Once a lump sum settlement is reached, the claim is closed, and the employer can no longer be responsible for additional costs. It also saves the time and cost associated with litigation or further negotiations.
There are three ways to reach a workers’ compensation settlement in North Carolina:
A compromise settlement agreement is a full and final settlement of a claim. Generally, this would result in a single lump sum payment to the injured worker. Occasionally, it can be in the form of a structured settlement, which does not change the result but is paid to the worker in installments over time. This generally happens when there are very serious injuries that result in ongoing long-term care.
A Form 26A settlement means that the insurance company has agreed to the classification of the work-related disability and would pay the agreed upon amount in weekly installments. A Form 21 settlement is similar, except it is with respect to temporary – not permanent – disability benefits. Unlike a lump sum agreement, the injured worker could file a second claim after two years if treatment is still required.
The workers’ compensation statute of limitations in North Carolina is two years from the date of the injury. If the injured person does not file the Form 18 claim within that time, the claim will not be able to be processed.
If you are ready to explore workers’ comp insurance options for your North Carolina business, start a free online application today to compare quotes from multiple carriers.