Are All North Carolina Employees Entitled to Workers’ Compensation?

While most employees in North Carolina are entitled to workers’ compensation benefits, specific categories of workers may be excluded depending on their employment status, the type of work they do, and the size and nature of their employer’s business.

North Carolina law requires most employers with three or more employees to carry workers’ compensation insurance and provide benefits to injured employees. Employers are legally obligated to follow these laws and cannot arbitrarily deny benefits.

An employer who improperly denies or discourages an employee from filing a workers’ compensation claim could face legal consequences, including penalties from the state, potential lawsuits, and liability for damages.

However, not all employees are entitled to workers’ compensation. Here, our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A. discuss who isn’t covered.

Do Workers’ Compensation Benefits Apply to All North Carolina Workers?

Workers’ compensation benefits in North Carolina apply to most, but not all, workers. While the majority of employees are covered, there are specific exceptions based on the nature of employment, the type of work performed, and other factors.

These exceptions include:

• Independent Contractors: Workers’ compensation generally does not cover independent contractors. However, the classification of a worker as an independent contractor versus an employee can be complex, and some workers classified as independent contractors may qualify as employees under the law.
• Domestic Workers: Domestic servants, such as housekeepers or nannies, are usually not entitled to workers’ compensation benefits unless their employer has voluntarily obtained coverage.
• Agricultural Workers: Agricultural workers are only covered if their employer has ten or more full-time non-seasonal agrarian employees.
• Casual Employees: Employees who perform work outside the employer’s regular business (often called “casual employees”) may not be covered.
• Federal Employees: Employees working for the federal government are covered under a separate federal workers’ compensation system, not North Carolina’s.
• Sole Proprietors, Partners, and LLC Members: These “employees” are not automatically entitled to workers’ compensation benefits unless they opt into coverage.
• Volunteers: Unpaid volunteers, including those who work for nonprofits, are typically not covered by workers’ compensation, though some organizations may choose to provide coverage.
• Employees of Small Businesses: Employers with fewer than three employees are not required to have workers’ compensation insurance, so employees in such businesses may not be entitled to benefits unless the employer has voluntarily obtained coverage.

If you have questions about your eligibility to file a workers’ compensation claim, or if your employer tells you that you are not eligible for benefits without proper legal grounds, it could be seen as a form of retaliation or intimidation, which is illegal. We can help.

Have You Been Injured at Work in North Carolina?

Our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina by calling 704-376-1616 or contacting us online.

A Voice For The Injured.  Here Every Step of The Way.