Who Is Covered?
In North Carolina, private sector employers with three or more employees and all state employees must be covered by workers' compensation insurance. If the employment involves the use or presence of radiation, the private employer must be covered, whatever the number of employees. In addition, any principal contractor, intermediate contractor, or subcontractor contracting with truck drivers in the intrastate or interstate carrier industry governed by a governmental motor vehicle regulatory agency is liable for paying workers' compensation benefits to its employees, whatever the number of employees. The only exceptions are the following types of workers (NC Gen. Stat. Sec. 97-1 et seq.):
• Domestic servants
• Casual workers
• Railroad workers
• Volunteer ski patrol members
• Employees of individual logging and sawmill operators who operate fewer than 60 days per half year
• Farm labor, unless 10 or more full-time nonseasonal farmworkers are regularly employed by the employer or the employer hires farmworkers with an H2A visa
• Sellers of agricultural products to producers who prepare the product for sale
• Independent contractors, such as real estate salespeople who are paid by commission
It is presumed that the term "employee" does not include any person selling newspapers or magazines to ultimate consumers at a fixed price, but an individual may rebut this to claim workers' compensation coverage. What Is Covered?
Workers' compensation is a "no-fault" system. Since it makes no difference who was at fault for the accident or injury, employees do not have to prove that the employer's negligence caused it. To be compensable under workers' compensation, the injury need only be accidental and sustained in the course ...