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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default What to Do if They Don't Have Workers Comp

    My workers compensation claim was made in the State of: NC
    There are only 2 workers to my job. They chose to opt out of workers comp. I was injured on the job and after visiting the hospital they insisted that I call the hospital and give my health insurance number to them. This was 8 weeks ago and now the boss said he will not pay the remaining part of the bill. That he will not pay for anyone's injury there. That he was paying for my health insurance and that was all he was going to do. That if the other emplyee got hurt they would be responsible for their own injuries. And what did I think, that I was more special than anyone else in wanting him to pay? That he recommended that I look for another job. I don't know what to do or where to start. Please help

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,021

    Default Re: What to Do if They Don't Have Workers Comp

    Who is required to provide workers’ compensation coverage?Any employer who employs three or more employees..
    Employers are required by statute to carry Workers’ Compensation insurance if they employ:.
    three or more employees regularly employed in the same business or establishment, or
    one or more employees employed in activities which involve the use or presence of radiation, or
    if providing agriculture or domestic services, 10 or more full‑time nonseasonal agricultural workers regularly employed by the employer

    What if my employer does not have workers’ compensation insurance?The employee should report the lack of workers’ compensation insurance or approved self-insurance to the NCIC Fraud Section and, if injured, should file a Form 18 and Form 33 with the Commission. Please e-mail your completed Form 18 to forms@ic.nc.gov..

    What must an employee do when an injury occurs?Report the injury to the employer, orally and in writing, immediately and in any event within 30 days. .
    Employer's Duties When a Worker is InjuredAn employer must immediately report to its Workers’ Compensation insurance carrier any injury or occupational disease, or allegation by an employee of an injury or occupational disease, sustained in the course of employment for which the attention of a physician is needed or actually sought..

    If an injury or alleged injury causes the employee to be absent from work for more than one day, or the employee’s medical expenses are greater than $2000.00, the employer or carrier must file with the Industrial Commission a Form 19 “Employer’s Report of Employee’s Injury to the Industrial Commission” within five days of learning of the injury or allegation..


    What should be done if the employer fails or refuses to report an injury?The Employee should file a claim (Form 18 or 18B) within two years of the accident with the Industrial Commission. Please e-mail completed forms to forms@ic.nc.gov..


    http://www.ic.nc.gov/faqs.html#employers
    Report your injury to your Employer and seek out appropriate medical treatment.
    Your employer may have a health care provider on your work site and if consistent with your employer’s instructions present yourself to that health provider if appropriate..

    If you do not have access to an on-site health provider, your employer may have instructed you to present yourself to a designated health care office in case of work related injuries. If appropriate to the seriousness of your injury, report to that facility..

    If there is no employer on-site or designated off-site health care provider, seek medical care appropriate to your medical needs. Depending on your circumstances, appropriate health care may be obtained from your family doctor or a hospital emergency room..
    FAQ's for IW is here...
    http://www.ic.nc.gov/claimants.html

    It would be a good idea to post in the North Carolina board... WC is state specific and you would be provided more relevant response to your situation. There is a great NC WC attorney helping here.

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