Employees of a Subcontracted Uninsured Employer Can Still Collect Workers' Comp
This law protects workers who are employed by financially unsound subcontractors who may employ only one or two workers. This law provides that even though the injured worker’s direct employer may have fewer than three employees and may not have any workers’ compensation insurance, the contractor for whom that employee is working is liable to the injured employee. This is true even though there is no direct employee-employer relationship between the injured worker and the general contractor.
The technicalities of the law making a general contractor liable for the employees of subcontractors are rather complex in North Carolina. A consult with a workers’ compensation lawyer can help understand how statutes apply to a case.
The important thing to remember is that if your direct employer has fewer than three employees or otherwise does not have workers’ compensation insurance and you are given the runaround about who the workers’ compensation insurer is or whether there is coverage, do not give up. You can verify if a North Carolina employer has workers' comp here. Also, consult with a workers’ compensation lawyer. If the required facts in your situation exist, chances are your lawyer can obtain full workers’ compensation benefits for you from the general contractor for whom your employer (the subcontractor) was working. This is true even though there is no direct employee-employer relationship between you and the general contractor.