How the Employer-Employee Relationship Affects Workers’ Compensation Benefits in North Carolina

Workers’ compensation benefits in North Carolina are designed to provide financial relief and medical support to employees who suffer work-related injuries or illnesses. However, the nature of the employment relationship can significantly impact eligibility for benefits and the type and amount of compensation an employee may receive.

Here, our Charlotte workers’ compensation attorneys at the Ramsay Law Firm, P.A. explain how your employment status affects your workers’ compensation rights.

Full-Time vs. Part-Time Employees in North Carolina

In North Carolina, full-time and part-time employees are generally eligible for workers’ compensation benefits, provided their employer meets the state’s requirement of carrying workers’ compensation insurance. Any employer with three or more employees must provide workers’ compensation coverage.

However, the distinction between full-time and part-time status can influence certain aspects of a claim, particularly in terms of wage replacement benefits:

• Full-Time Employees: A full-time employee is typically entitled to two-thirds of their average weekly wages while they are unable to work due to a job-related injury. The calculation for wage replacement is based on the 52-week period preceding the injury. If an employee has worked for less than a year, the average earnings during that time will be used.
• Part-Time Employees: Part-time employees are also entitled to wage replacement benefits, but because they work fewer hours, their average weekly wage is typically lower than that of a full-time employee. This results in a lower overall compensation amount. However, part-time employees receive the same medical coverage and treatment as full-time workers under workers’ compensation.

Are North Carolina Seasonal Workers Eligible for Workers’ Compensation Benefits?

Seasonal workers, such as those hired for summer jobs, agricultural work, or holiday retail positions, are also generally eligible for workers’ compensation benefits, but their employment status can affect how their wage replacement is calculated.

• Wage Replacement for Seasonal Workers: Seasonal workers often face challenges in figuring out their average weekly wage for workers’ compensation. Since they might not have worked for the full year before getting injured, their benefits are usually based on the income they earned while working.
• Coverage Issues for Seasonal Workers: Another complication for seasonal employees is that some employers may misclassify them or mistakenly believe they are not required to provide workers’ compensation insurance. Seasonal workers must verify that their employer has the necessary coverage, especially in industries like agriculture and retail, where seasonal work is common.

Are North Carolina Temporary and Contract Workers Eligible for Workers’ Compensation Benefits?

Temporary employees, including those hired through staffing agencies and contract workers, may also be eligible for workers’ compensation benefits. However, the employer responsible for those benefits can vary depending on the employment arrangement.

• Temporary Employees: If a temporary employee is hired through a staffing agency, the staffing agency is typically considered the employer for workers’ compensation purposes. This means the staffing agency is responsible for providing coverage if the worker is injured. However, if the employee were hired directly by the company for a temporary position, that company would be responsible for providing workers’ compensation benefits.
• Independent Contractors: In many cases, independent contractors are not eligible for workers’ compensation benefits under North Carolina law. This is because independent contractors are generally considered self-employed and responsible for insurance. However, some workers may be misclassified as independent contractors when they should be regarded as employees. If a worker is misclassified, they may still be entitled to workers’ compensation benefits, and it is essential to consult with an attorney to clarify their employment status.

Are North Carolina Interns and Apprentices Eligible for Workers’ Compensation Benefits?

Depending on their employment status and their internship or apprenticeship terms, interns and apprentices may or may not be eligible for workers’ compensation benefits.

• Paid Interns and Apprentices: If an intern or apprentice is being paid for their work, they are likely covered by workers’ compensation insurance just like any other employee injured while performing job-related duties and should be entitled to medical benefits and wage replacement.
• Unpaid Interns: Workers’ compensation insurance may not cover unpaid interns since they are not technically employees. However, unpaid interns injured on the job may have other legal options for seeking compensation, such as filing a personal injury lawsuit.

The nature of the employment relationship plays a significant role in determining workers’ compensation eligibility and benefits in North Carolina. However, certain factors, such as your employment status, wage history, and classification, can affect how benefits are calculated and what you are entitled to receive.

Contact Our Dedicated Worker Compensation Attorney Today

If you have been injured on the job and are unsure about your workers’ compensation rights, our dedicated Mecklenburg County workers’ compensation law firm provides free consultations to all employees who have suffered a workplace injury in North Carolina. Call 704-376-1616 or contact us online.

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

Related Links:

• Are Remote Workers Eligible for Workers’ Compensation Benefits in North Carolina?
• Can I Quit My Job If I Have a Workers’ Comp Case in North Carolina?
• How Long Does it Take for North Carolina Workers’ Compensation Benefits to Begin After an Injury Occurs?
• The Demands of Landscaping Work Can Lead to Catastrophic Injuries
• What Can I Do If My North Carolina Employer is Interfering With My Workers’ Compensation Claim?
• Third-Party Liability in North Carolina Workers’ Compensation Cases