Who Is Entitled to North Carolina Workers’ Compensation Benefits?

December 4th, 2014

Accidents can occur on the job at the most inconvenient of times. Luckily, most employees in our state can collect North Carolina workers’ compensation when they’re injured; however, some workers aren’t entitled to such benefits.

One such type of employee who cannot collect benefits is an independent contractor. Some may wonder what constitutes being labeled an independent contractor?

Standards that will categorize an individual as an employee and, therefore, entitle them to North Carolina workers’ compensation benefits include:

  • Taking orders from an employer
  • Performing the duties of an employee
  • Hours being set by an employer
  • Working for no other employer

If your job requires engaging in independent business—meaning you set your own hours, determine how to do a job, do a specific duty for a lump sum, or are free to use assistants to complete a task—you may be labeled as an independent contractor and will not be entitled to compensation.

The issue of employment categorization recently came up in a case heard by the North Carolina Court of Appeals. Business Insurance reports a North Carolina taxi driver was found ineligible for North Carolina workers’ compensation because his employment was considered an independent contractor.

At HensonFuerst, we understand how confusing employment law—specifically the regulations surrounding North Carolina workers’ compensation—can be. That’s one reason our North Carolina personal injury attorneys have helped numerous clients argue their cases for benefits and we can do the same for you. Feel free to reach out to us anytime to learn more about how we can help you. Our phone number is (866) 777-1170.