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Brent Adams & Associates

Q
I work in North Carolina and I am concerned my employer does not have workers' comp insurance, how can I verify this?

A

North Carolina workers can verify if their employer has insurance by searching a free online database provided by the North Carolina Industrial Commission. You can access the Insurance Coverage Search System here and our workers' comp lawyers explain more about the process in "Verify a North Carolina Employer's Workers' Comp Insurance."

Although this does appear to answer a question with a few more questions, there are three issues you might be concerned about in addition to whether or not coverage is in place:

From your question it appears you work in North Carolina, but is your employer based in North Carolina? That might affect how a work injury claim is filed. Some employers are based out-of-state and maintain satellite offices elsewhere, including our state. Sometimes these employers have new hires sign letters stating they acknowledge any work injury claims that arise will be filed in the state where the company is headquartered. Since workers' comp limits vary state-to-state, this could prohibit the amount of compensation the worker is eligible to receive. However, there are some cases where these letters could be void and the individual might still be able to pursue comp claims under North Carolina statutes. Have your case reviewed by an attorney to learn your best options.

Is your employer self-insured? Similar to the question posed above, some states allow employers to maintain self-insured coverage. This means the worker must pursue a work injury claim internally. If staff within the company delay or fail to acknowledge the illness or injury as work-related, the employer may be able to file a complaint with the state. This is another complicated situation that an attorney's guidance would be of great help with.

Is your employer committing fraud? Some employers violate the workers' comp insurance requirement--they either fail to acquire coverage or they fail to acquire coverage and lie about the policy information. The North Carolina Industrial Commission launched a fraud-detection system to help identify and inspect employers who might be in violation.