Charlotte Independent Contractor Work Injury Lawyer

Charlotte Independent Contractor Work Injury Attorney

If you get injured while working as an independent contractor in Charlotte, making a case for compensatory damages is a complicated endeavor. Conventional employees may have an easier time mounting a case for their injuries than independent contractors do. That’s where a Charlotte independent contractor work injury lawyer from Ayers, Whitlow & Dressler can be invaluable.

With significant experience in representing independent contractors in work injury cases, our firm provides legal assistance in pursuing a claim for compensation through a personal injury action, a third-party liability action, or other available routes.

Why You Should Choose Ayers, Whitlow & Dressler

When you choose Ayers, Whitlow & Dressler as the firm to represent you, you are engaging a law practice with decades of experience. Because of this, we know how independent contractors are affected by legal violations.

Our staff is well-versed in the nuances of North Carolina’s laws concerning contractors, so we can prepare a unique and compelling case to recover your rightful compensation. That way, you can get back to work. We can save you the stress of navigating tedious legal procedures on your own, enabling you to focus on healing.

How Does an Independent Contractor Differ From an Employee?

The major distinction between independent contractors and employees is the degree of control and nature of their working relationship. Independent contractors often operate under a contract to fulfill certain tasks, and they also have greater control over how and when they work. Employers, on the other hand, direct their employees’ work hours, tactics, and business policies.

While employees receive benefits such as health insurance and workers’ compensation, independent contractors are responsible for their own insurance and taxes, including self-employment taxes. Misclassification can cause legal concerns for employers, so understanding these distinctions is vital.

Eligibility for Workers’ Compensation as an Independent Contractor

In North Carolina, independent contractors generally do not qualify for workers’ compensation benefits unless they are classified as employees, which is based on the level of control the employer has over their work. This determination is made on a case-by-case basis by the North Carolina Industrial Commission. While employers are required to provide coverage for employees, independent contractors are typically responsible for obtaining their own insurance to protect against work-related injuries​.

Steps to Initiate a Workers’ Compensation Claim

​​For an independent contractor to begin a claim for workers’ compensation benefits in North Carolina, they must give timely notice to their employer within 30 days of the incident (ideally in writing) and submit a Form 18 to the North Carolina Industrial Commission. This report will contain the required documentation of the injury and begin the claims process.

If the employer fails to file the proper forms for the contractor’s claim to proceed, the contractor can submit the Form 18 directly to the Commission within two years of the incident. Timely filing and submission of the paperwork is essential to receiving the benefits for covering immediate medical treatment and recovery.

The Importance of Insurance for Independent Contractors

Having personal liability and health insurance is vital for independent contractors, as it helps cover medical expenses and lost wages in case of an injury. Some businesses may require independent contractors to provide proof of insurance before they can work, particularly in high-risk industries​.

Common Types of Injuries for Independent Contractors

Independent contractors frequently experience workplace injuries. Falls are a commonplace accident, often due to slippery surfaces or uneven terrains. Other injuries can occur due to an equipment-related incident. Improper use of machinery or an unintended malfunction can cause such accidents. Exposure to hazardous substances, like chemicals or toxins, may also pose another huge liability, with injuries often harboring long-term health repercussions.

Independent contractors need to be aware of these risks, including possible training and personal protective equipment they can use to lessen the chances of any accident.  Recognizing the types of injuries that can occur helps contractors take proactive steps to protect themselves and their livelihoods.

FAQs

Q: Are Independent Contractors Covered by Workers’ Comp in North Carolina?

A: Generally, an independent contractor is not eligible for workers’ compensation benefits in North Carolina. North Carolina law requires any employer with three or more employees to provide workers’ compensation. However, if the employer exerts sufficient control over the details of the work, this worker may be considered an employee.

It does not matter whether the employer classifies the worker as a contractor or issues a 1099. The Industrial Commission determines an employee’s status based on the worker-employer relationship.

Q: How Long Does Workers’ Comp Last in North Carolina?

A: In North Carolina, most temporary total disability benefits last up to 500 weeks. However, depending on the unique circumstances, benefits can extend past this time if:

1. The injured worker suffers a severe or permanent disability.
2. They remain medically unable to return to work.
3. An extension is negotiated and granted.

Q: How Do I Start a Workers’ Compensation Claim in North Carolina?

A: You are required to inform your employer, preferably in writing, of your injuries within thirty days to initiate a workers’ compensation claim in North Carolina. The next step is to submit a Form 18 to the NC Industrial Commission. Direct submission to the Commission is an option if your employer opts not to file the required forms.​

Q: Am I Protected If I Don’t Have Workers’ Compensation Insurance as a Subcontractor?

A: If you are a subcontractor without workers’ compensation insurance, the primary contractor may still be liable for work-related injuries suffered by you or your team. Regardless of how many workers you employ, North Carolina law could hold the primary contractor responsible for covering these injuries under workers’ compensation. It’s important to clarify your insurance coverage and understand your rights under the law.

Contact a Charlotte Independent Contractor Work Injury Lawyer

If you’ve been injured as an independent contractor in Charlotte, NC, the legal process can feel overwhelming, but you don’t have to navigate it alone. Ayers, Whitlow & Dressler is here to evaluate your case and provide the legal support you need to pursue compensation.

Our team understands the complexities of contractor claims and is committed to fighting for your rights. Schedule a consultation with us to discuss your injury, and let us guide you through the next course of action to protect your future.