Search Site
Free Consultation 855-234-7619
 
Virginia Injury Blog
 

NC Industrial Commission Enforcing Workers’ Comp Laws Against Scofflaw Employers

The North Carolina Industrial Commission, tabbed with enforcing workers’ compensation compliance among employers, has collected $1 million in fines in the last year, according to the Insurance Journal. NCIC also charged 100 employers with misdemeanors for willfully going without coverage. Raleigh’s News & Observer has been tracking this issue for years, reporting in 2012 that as many as 30,000 NC employers who were legally required to purchase workers’ compensation policies had not, and that more than 11,000 companies either canceled policies or let them lapse. Employer noncompliance created a situation in that year where 71 injured workers were not properly covered by workers’ comp policies.

A related issue is the misclassification of workers who should be covered by workers’ comp as independent contractors who would be responsible for their own insurance. Governor McCrory has instructed NCIC to take aggressive steps to end misclassification and issued an executive order on December 18, 2015, creating the Employee Classification Section within NCIC to address the issue.

Generally speaking, North Carolina law requires employers with three or more employees to carry workers’ compensation insurance. However, when an employer does not purchase insurance, the worker can still pursue a claim under the Workers’ Compensation Act against the uninsured employer. Although in theory, the worker has the same rights, the process of enforcing those rights against an uninsured employer is much more complicated than filing a no-fault workers’ compensation claim. The worker must have a hearing before the NCIC and then convert that ruling into a civil court judgment in Superior Court. This is a very time-consuming ordeal, and the plaintiff worker may find that the employer has shielded assets, so there is no money to pay the judgment. The NCIC’s aggressive pursuit of scofflaw employers should help ensure that more workers are covered, so they can avoid a protracted legal case to get the benefits they deserve.

If you have been hurt on the job, get reliable counsel from an experienced workers’ compensation attorney. Call Lanier Law Group, P.A. today at 855-234-7619 to schedule a free consultation.

Post a Comment

Your email is never published nor shared. Required fields are marked *

*
*

Convenient consulations at the location of your choice Our skilled attorneys come to your home or office to meet with you
Media Center
  • Get to know Lanier Law Group with our series of informative videos. You'll learn about various points of personal injury law, and how we approach our practice to deliver the best results possible.

Recent Cases
  • Workers' Compensation Claim A worker's compensation claim where client was doing framework and the nail gun that he had on his waist shot misfired and fired into his right knee. Client had to have surgery to remove the nail. Employer is claiming there was no employer/employee relationship.
  • Personal Injury Claim A personal injury claim involving a bus driver who battered and assaulted two minors. One minor has a possible mental health issue caused by the attack. The second minor jumped in to help, and driver struck her as well.
  • Car Accident Claim A car accident claim where our client, a police officer, was struck in the rear while on duty, by a drunk driver.
  • Workers' Compensation Claim A worker's compensation claim where client slipped and fell on ice, injuring his left knee and right hip. Client had to have hip replacement surgery and received a 25 percent rating on his knee.
Read More
Testimonials
  • “She was very professional, kept me completely involved and updated with everything. Awesome job done.”

    - T.D.

  • “Maria stayed on top of everything with updates, etc.”

    - J.M.

  • “Very good communication throughout my case. Brenda paid great attention to my case and kept me up to date.”

    - T.P.

  • “Both attorneys involved were very informative and walked me through my case every setp of the way. They answered any questions and concerns I had whenever they cam up. I was very nervous and skeptical at the beginning but that quickly changed.”

    - J.B.

See All Testimonials
Our Firm
Download Our App

Our Social Security Disability Help Center app can provide assistance if you've been involved in an accident. Use the links below to select and download our app for your Apple® or Android device.

Contact Us

Please fill out form below and one of our attorneys will contact you.

  • This field is for validation purposes and should be left unchanged.
Our Office Locations

Use the map below to find the location closest to you

  • -- mi
    Raleigh, NC
    207 W. Millbrook Road, Suite 215
    Raleigh, NC 27609
    • 1.(919) 848-2000 Tel
  • -- mi
    Charlotte, NC
    10130 Mallard Creek Road, Suite 110
    Charlotte, NC 28262
    • 1.(704) 341-5558 Tel
  • -- mi
    Jamestown, NC
    4915 Piedmont Pkwy., Suite 104
    Jamestown, NC 27282
    • 1.(336) 855-8554 Tel
  • -- mi
    Greensboro, NC
    222 S. Swing Road, Suite 6
    Greensboro, NC 27409
    • 1.(336) 855-8554 Tel
  • -- mi
    Winston-Salem, NC
    250 Executive Park Boulevard, Suite 107
    Winston-Salem, NC 27103
    • 1.(336) 760-9996 Tel
  • -- mi
    Durham, NC
    600 S. Duke Street
    Durham, NC 27701
    • 1.(919) 682-2111 Tel
  • -- mi
    Greenville, NC
    108 W. Firetower Road, Suite H
    Greenville, NC 28590
    • 1.(252) 757-7777 Tel
  • -- mi
    Burlington, NC
    2630 Ramada Road
    Burlington, NC 27215
    • 1.(336) 506-1041 Tel
  • -- mi
    Fayetteville, NC
    4200 Morganton Road, Suite 200-15
    Fayetteville, NC 28314
    • 1.(910) 484-3333 Tel
  • -- mi
    Asheville, NC
    603 Biltmore Ave
    Asheville, NC 28803
    • 1.(828) 412-3503 Tel
  • -- mi
    Wilmington, NC
    1213 Culbreth Drive, Suite 120
    Wilmington, NC 28405
    • 1.(910) 256-4445 Tel
View more