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What Happens if an Employer Does Not Carry Worker’s Compensation Insurance?

February 1st, 2017

If you were injured while at work, you are entitled to receive worker’s compensation insurance under North Carolina state law. If your company employs more than three workers, then they are legally responsible to provide worker’s compensation insurance to cover any medical and hospital bills, as well as a portion of your regular salary.

Although this may sound straightforward, there are many loopholes in this process and too often than not, employers do not have their employee’s best interest in mind. In some cases, employees find out their employer does not carry worker’s compensation after they get hurt.

Attorney Joseph Hogdin is an expert on workers’ compensation law in North Carolina and has almost 15 years of experience. We asked Joseph what a worker should do if they were hurt on the job and their employer does not carry worker’s compensation. He delivered us a clear and concise answer that thoroughly explains this complicated process:

“North Carolina law requires employers that have three or more employees to carry Worker’s Compensation Insurance. However, the sad reality is that not all employers abide by the law.  If you find yourself in this unfortunate situation, there are a few things you need to know:

First, your employer is not absolved of his obligations under the Worker’s Compensation Act just because he has decided not to carry insurance. Your employer is simply uninsured. You have the same rights and remedies available to you, just as if your employer carried insurance. To enforce those rights and remedies, you will need to involve the North Carolina Industrial Commission. This involvement is accomplished by initially filing a Form 18, which is an employee’s notice of accident. This form is located free of charge at www.ic.nc.gov and must be filed by you. 

Secondly, you will need to contact the NCIC Compliance and Fraud Investigation Division. This section of the NCIC is designed to investigate and potentially penalize employers who do not carry insurance, as the law requires. Contact information for this section of the Commission can be located at http://www.ic.nc.gov/fraud.html

Once this process begins, be aware that your employer will likely retain a lawyer to represent their business and try to limit or prevent your recovery. If you find yourself in this situation, it would be highly advisable for you to seek representation as well.”

To learn more about Joseph Hodgin, view his attorney profile.

Despite your employer or insurance company not having your best interest in mind, the attorneys and staff of Henson Fuerst always do. At Henson Fuerst, we go the extra mile for our clients and fight with the highest level of compassion, dedication and integrity to deliver the best results. The attorneys and staff at Henson Fuerst relentlessly fight to help injured workers secure the workers’ compensation benefits they deserve based on their situation.

If you have questions about a Workers’ Compensation claim, call Henson Fuerst at 919-781-1107. When you call, you will speak with an experienced North Carolina Workers’ Compensation attorney absolutely FREE. We will investigate every detail of your situation and help provide the answers you seek.

Call Henson Fuerst, Because Your Case Matters