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Who is covered by North Carolina's workman's compensation law

To be covered under North Carolina's workers’ compensation law, a person has to be an employee who is working for an employer. While this may seem obvious, North Carolina’s workers’ compensation law has some quirks which, unfortunately, leave some employees out and deprives them of the benefit of the workers’ compensation law.

In order for the workers' compensation law to apply, the injured worker’s employer must regularly employ three or more employees in the business.

The workers' compensation law does not apply to domestic services. Agricultural workers are not covered unless the employer has ten or more full-time, non-seasonal agricultural workers regularly employed. There are special rules that govern when sawmill employees are covered.

Railroad workers are not covered by North Carolina’s workers' compensation law. Instead, they are covered under the Federal Employer’s Liability Act (FELA). Employees of state owned railroad companies are covered. There are also certain exceptions for prisoners, volunteer fireman and rescue workers.

Sole proprietors and partners engaged in business are not covered unless they buy workers' compensation insurance for themselves.

Casual workers are not covered. Employment is considered “casual” when it is irregular, unpredictable, sporadic, and brief in nature.

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