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Are Independent Contractors Covered Under Workers’ Compensation in North Carolina?

In most cases in North Carolina, subcontractor employees are covered by workers’ compensation and are entitled to benefits if they are injured on the job. The specific rules are complicated, but employees of subcontractors are usually covered under either the workers’ compensation insurance of the subcontractor or the general contractor.

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Content Last Updated:

July 16, 2026

  • In North Carolina, some independent contractors may still qualify as employees, making them eligible for workers’ compensation benefits.
  • A worker’s classification depends on factors like control, payment structure, and tools—not just being labeled a “1099” contractor.
  • Businesses may still be required to carry workers’ compensation coverage for independent contractors depending on the working relationship.

Workers’ Compensation for Independent Contractors in North Carolina

The law in North Carolina can also be complicated when it comes to workers’ compensation for independent contractors. In some cases, independent contractors in North Carolina may count as employees, in which case the company that hires them could be liable for injuries they suffer while on the job.

A company cannot simply label a person an “independent contractor” and use that as a sort of “Get Out of Jail Free” card that allows them to avoid carrying workers’ compensation coverage. Just handing a person a 1099 form does not make them an independent contractor. The test of whether a worker is an employee or an independent contractor is complicated and involves how much independence the worker is given, how the worker is paid (hourly or by the job), whether the worker is expected to bring his own tools to a job, etc.

The complicated legal test used to distinguish employees from independent contractors effectively means that businesses that hire independent contractors may still need to carry workers’ compensation coverage.

Independent contractors who have been injured on the job should contact an experienced North Carolina workers’ comp lawyer to evaluate their options.

For more answers to common questions in workers’ compensation law, please visit our workers’ compensation FAQ page.

It was nice to see Riddle & Riddle put me and my needs first.

R. Colley, Riddle & Riddle client

Contact an Experienced Workers’ Compensation Lawyer

The complexity of the law in North Carolina surrounding workers’ compensation for subcontractors and independent contractors makes it even more important to consult with an experienced North Carolina workers’ comp lawyer if you think you may have a claim.

We can evaluate your workers’ compensation claim for free and advise you on your best available legal options for pursuing benefits.

For a FREE consultation with an experienced workers’ comp lawyer handling claims related to subcontractors and independent contractors, please call(855) 652-2049 or complete the fast and easy form below.

There is never any obligation, and you won’t pay any attorney fees unless we win your case and you receive workers’ comp benefits.

I would recommend Riddle & Riddle to anyone who needs help with workers’ comp.

B. Fields, Riddle & Riddle

A Board-Certified Specialist That Knows the System

At Riddle & Riddle, our work injury team is led by a Board-Certified Specialist in Workers’ Compensation law — attorney Adam Smith.

Adam Smith has passed a rigorous exam and demonstrated extensive experience handling workers’ compensation cases, and has helped hundreds of injured North Carolina workers get the benefits they deserve.

In one recent case, our attorneys recovered more than $2 million on behalf of an injured welder who suffered traumatic brain injury and was permanently disabled after falling from a platform while on the job (see disclaimer below).

We’re proud of the results we’ve secured for our valued clients and would love to help you however we can.

Please call (855) 652-2049 today and let’s review your workers’ compensation claim.

Justice Counts for injured workers.

For more information, please contact Riddle & Riddle Injury Lawyers to schedule a free consultation with a personal injury lawyer in North Carolina today. We have twelve convenient locations in North Carolina, including Greenville, Raleigh, Goldsboro, Jacksonville, Kinston, Charlotte, Greensboro, Durham, Fayetteville, Wilmington, Winston-Salem & Garner.

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