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Workplace Injuries in North Carolina when Employers Are Non-subscribers
Workplace injuries are an unfortunate reality for many employees. While most people are familiar with workers’ compensation as the go-to system for handling such incidents, not all employers participate in this system. In North Carolina, as in many states, there are unique challenges when dealing with workplace injuries if your employer is a non-subscriber to workers’ compensation insurance.
What Is a Non-Subscriber Employer?
Worker’s compensation provides injured workers with benefits such as medical coverage, wage replacement, and disability compensation without the need to prove fault.
In North Carolina, most employers with 3 or more employees are required to have worker’s compensation coverage unless they fall within one of the exceptions for carrying workers’ compensation insurance. Failure to do so can result in severe penalties and criminal charges. Employers are not required to provide workers’ compensation insurance for specific categories of employees. Casual employees, defined as those whose work is unrelated to the employer’s usual trade or profession, are exempt. Similarly, employers are not obligated to cover domestic employees working directly in the household. An employer of farm laborers is exempt if they have fewer than 10 full-time, non-seasonal workers. Federal government employees working in North Carolina are excluded from state workers’ compensation requirements, as are employees of specific railroads. Certain sawmill and logging operations are also not required to carry workers’ compensation insurance.
Employers who choose not to participate in this system are known as non-subscribers. Reasons for opting out of workers’ compensation vary and are often related to cost.
Workers’ compensation insurance can be expensive, particularly for businesses operating in high-risk industries like construction or manufacturing. By becoming non-subscribers, employers assume the financial risk of workplace injuries, often hoping to save money in the short term.
What Are the Legal Rights of Injured Workers in a Non-Subscriber Workplace?
If your employer is a non-subscriber in North Carolina and you’re injured on the job, your path to recovery and compensation will look different.
You Can File a Personal Injury Lawsuit
When filing a personal injury lawsuit against a non-subscriber employer, you must show that your injury resulted from their negligence. Negligence could include failing to provide proper safety equipment, ignoring workplace hazards, or adequately training employees.
The burden of proof lies with the injured worker. While this might sound daunting, the potential compensation in a personal injury case can be higher than what workers’ compensation offers. You could recover damages for current and future lost wages, medical costs, pain, and emotional distress.
Your Employer May Claim Defenses
Non-subscriber employers may try to defend themselves by claiming that the injury was partially or entirely your fault. Under North Carolina’s contributory negligence rule, you could be prohibited from receiving compensation if the court finds that you were even slightly at fault for your injury. This makes it crucial to build a strong case with the help of an experienced attorney.
What Steps Should You Take After a Workplace Injury?
If you’ve been hurt on the job and your employer is a non-subscriber, taking the proper steps can impact your ability to receive compensation.
Seek Medical Attention
Your health should be your top priority. Even if your injury seems minor, visit a healthcare provider to document the incident and prevent complications. Waiting to receive medical care can worsen your condition and weaken your case if you pursue legal action.
Report the Injury
Notify your employer as soon as possible. Provide a written account of the incident, including the date and time of the injury, where and how the injury occurred, and the names of any witnesses. Detailed records can make a big difference if your case goes to court.
Gather Evidence
Preserve any evidence related to your injury. This could include photos of the accident scene, damaged equipment or tools, medical records, and witness statements. Gathering evidence is time-sensitive, as conditions at the accident scene may change and witness memories fade.
Consult with an Attorney
Working with an attorney is important given the complexities of navigating North Carolina’s contributory negligence law and proving negligence. They can help you gather evidence, negotiate with your employer, and represent you in court if necessary.
The Role of Employer Liability Insurance
Some non-subscriber employers carry liability insurance to cover workplace injuries. This insurance functions differently from workers’ compensation. While it may provide some financial protection for injured workers, it often requires proving the employer’s negligence. Insurance companies may try to reduce payouts, making an attorney critical.
Non-Subscription Effects Workplace Culture
Opting out of workers’ compensation may create a workplace culture that prioritizes cost-saving over safety. Without workers’ compensation protections, employees may hesitate to report unsafe conditions or minor injuries, leading to more serious accidents over time. Employers who choose to be non-subscribers should prioritize workplace safety. They can do this by providing regular safety training, conducting routine equipment inspections, and creating clear protocols for reporting hazards.
Advocacy for Injured Workers
Navigating a workplace injury is difficult, especially if your employer doesn’t participate in workers’ compensation. Legal professionals can be powerful allies in these situations. They can help ensure you’re not pressured into accepting less compensation than you deserve.
Rowland & Yauger Attorneys & Counselors at Law Helps You Get the Compensation You Deserve
If you’ve been injured at work and your employer doesn’t carry workers’ compensation insurance, we’re here to help. At Rowland & Yauger Attorneys & Counselors at Law, we represent injured workers in North Carolina. Our experienced attorneys understand the challenges of dealing with non-subscriber employers and can guide you every step of the way. Call us today at 336-537-5547 in Asheboro or 910-621-2991 in Carthage to schedule a consultation. Let us help you get the compensation you deserve so you can focus on your recovery.
