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  1. #1
    Join Date
    Dec 2011
    Posts
    2

    Default Injured at Work and They Don't Have Workers Compensation

    I am 1 of 2 employees. I was injured at work. I went to the hospital. After my hospital visit I went into work. I was told to call the hospital and give them my insurance number and make sure I told them I did not have WC. So I have the bill now and after my insurance paid their part I have a remaining amount that is due. I called the boss and asked if he would pay it. He said he would absolutely not pay the remaining amount. That he paid my health insurance and that I would have to pay the rest. That if the other employee was injured he wouldn't pay for it either. He asked me if I thought that I was more special than anyone else in asking him to pay for it. He also said he would recommend me looking for another job if I didn't agree. Is it legal for him to refuse to pay if the injury was done at work?

  2. #2
    Join Date
    Mar 2007
    Location
    Georgia
    Posts
    1,923

    Default Re: Injured at Work and They Don't Have Workers Compensation

    Keepyourchinup, at a quick glance it appears that your ER/employER is giving you correct information for NC. WC is only required when there is 3 or more EE's/employEE's working for the same ER. I am not certain what your options may be as far as any expenses that your ER may or may not be liable for due to your work injury when they have chosen to not carry WC IC. According to the information I have scanned at the NC WC website, see the link below, they are certainly within their rights to not carry WC insurance coverage where there are only 2 EE's.

    http://www.ic.nc.gov/claimants.html

    You may want to consult with a WC AA/Attorney in your area and inquire as to if your ER has any liability for your industrial injury where they are legally NOT required to carry it with only 2 EE's.

    Also so long as your ER has NOT threatened to terminate you due to your on the job injury and has only told you that you "might want to look for another job if you don't agree with him., then there is really no law broken there either. It isn't usually a good idea to be such an ass about issues where your EE's are concerned but being as ass is not illegal, just ill advised.

    Wish the news was better for you.
    Last edited by SteelMagnolia; 12-21-2011 at 04:20 PM.
    "He who is his own lawyer has a fool for a client"
    Abraham Lincoln


    Take Care and Be Well.

  3. #3
    Join Date
    Feb 2007
    Location
    831 East Morehead St., Ste 355, Charlotte, NC 28202
    Posts
    3,743

    Default Re: Injured at Work and They Don't Have Workers Compensation

    Keep, you can call the NC Industrial Commission in Raleigh and find out if the employer has workers' compensation insurance. The owner may have included himself as an employee and obtained insurance. Also, if radiation is present on the job site (e.g, an x-ray machine) the employer has to have comp coverage even if there is only one employee.
    The North Carolina Court of Appeals has held that "In contested Workers' Compensation cases today, access to competent legal counsel is a virtual necessity." Church v. Baxter Travenol Labs, Inc., and American Motorists Insurance Company, 104 N.C. App. 411, 416 (1991).

    Bob Bollinger, Attorney and Board Certified Specialist in NC Workers' Compensation Law

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