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

February 11, 2021 | By Riddle & Brantley Accident Injury Lawyers
Are Independent Contractors Covered Under Workers’ Compensation in North Carolina?

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

The law is designed to protect employees of subcontractors who suffer injuries on the job — even if their immediate employer (the subcontracting company) does not carry workers’ compensation insurance.

Workers’ Compensation for Independent Contractors in North Carolina

Independent Contractors are generally covered by Workers Comp Cover in North Carolina, even if their immediate employer does not carry workers' comp insurance - Riddle & Brantley

The law in North Carolina can also be complicated concerning 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 worker’s compensation coverage.  Just handing a person a 1099 does not mean they become 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.

This effectively means that businesses who 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 & Brantley put me and my needs first.”

-R. Colley, Riddle & Brantley 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.

"The law in North Carolina is complex, and Independent Contractors injured on the job should contact an experienced Workers' Comp attorney." - Adam Smith, attorney and Board-Certified Specialist in Workers' Compensation - Riddle & Brantley

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 1-800-525-7111 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 & Brantley to anyone who needs help with workers’ comp.”

-B. Fields, Riddle & Brantley 

Board-Certified Specialists That Know the System

At Riddle & Brantley, our work injury team is led by two Board-Certified Specialists in Workers’ Compensation law — attorneys Chris Brantley and Adam Smith.

Both Chris and Adam have passed a rigorous exam and demonstrated extensive experience handling these types of cases, and together they have 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 1-800-525-7111 today and let’s review your workers’ compensation claim.

Justice Counts for injured workers.

*** Disclaimer: The results mentioned are intended to illustrate the type of cases handled by the firm. These results do not guarantee a similar outcome, and they should not be construed to constitute a promise or guarantee of a particular result in any particular case. Every case is different, and the outcome of any case depends upon a variety of factors unique to that case.