Legal Responsibilities of Construction Companies in N.C. for Worker’s Compensation
North Carolina requires construction companies to have worker’s compensation for all employees to ensure that they can receive monetary support if someone injures themselves on the job.
However, if you seek worker’s compensation without the help of an experienced attorney, you run the risk of not getting the full benefits you deserve or, worse — receiving none at all.
I’m A Contractor. Do I Still Qualify For Worker’s Compensation?
Working in the construction industry presents more danger than many other jobs. Because of this, the state of North Carolina requires construction companies to uphold a duty of safety to their employees.
Employers, site superintendents, managers, and employees must adhere to Occupational Safety and Health Administration regulations and other laws to ensure all workers have and use safe and properly maintained tools and equipment.
Because of the dangers of construction work, many construction companies try to cut costs by hiring contractors and subcontractors for projects.
For the most part, North Carolina does not require typical companies to have worker’s compensation insurance for independent workers. But nearly all construction workers in North Carolina are covered by the North Carolina Workers’ Compensation Act.
Legal definitions create a nuanced and complicated answer to whether construction contractors are entitled to worker’s compensation benefits.
Even if you sign a contractor agreement, the legal system will determine whether or not you are an independent contractor—and, therefore, whether or not you are owed workers’ compensation benefits.
What Do I Need To Do To Receive Workers Compensation Benefits?
First, if you have been injured at work, seek medical care. Next, you’ll need to inform your employer with a statement about the injury, how it occurred, and when.
To receive worker’s compensation benefits, you must first establish the employer-employee relationship legally.
⁇ 97-19, the definition of the employer-employee relationship is expanded to cover contractors, and it requires the “high-tier” contractor has insurance for lower-tiered contractors. The law becomes more nuanced based on an independent subcontractor status or subcontractor relationship. A lawyer can help you prove this.
What Should I Do If I Need To File For Workers Compensation?
If you’ve been injured on the job and need to file for worker’s compensation, call Hyland & Padilla right away. Several vital steps must be taken within 30 days of your injury, and having an experienced worker’s compensation attorney on your side can help guarantee you get the benefits you deserve.
Having a lawyer who understands North Carolina’s laws governing construction companies will increase your chances of receiving the compensation you deserve and need to compensate for lost wages and pay for your medical bills.
We offer free consultations to help you get your case started right away.