Workers’ Comp for Remote Workers In North Carolina – All You Need to Know

If you are a North Carolina remote worker and were hurt while working at home, you might be eligible for workers’ compensation benefits if your injury happened while you were completing a job-related activity. Workers’ comp for remote workers in North Carolina can usually be claimed if you were on the clock and performing a work activity at the time you were hurt.

Who Is Eligible for Workers’ Compensation in North Carolina?

Most employers in North Carolina are required to have workers’ compensation insurance so long as they have at least three employees. This insurance is intended to cover remote workers in North Carolina as well.

Workers’ compensation exists to provide benefits to employees who are injured while working. To succeed in claiming a home office-based injury, you need to prove the injury occurred while performing a work-related duty.

How Can I Prove My Injury as a Remote Worker?

You must demonstrate a connection between your injury and your specific work tasks. To prove your home-based injury, you can:

• Immediately notify your employer you suffered from an accident by providing details about the accident that happened while you were working
• Thoroughly document your incident by noting the date, location in your home office, the time it happened, the specific work-related task you were doing when your accident happened, and how it occurred.
• Take photos of your work area, the work equipment involved, and your work-related injuries.
• Take notes about your symptoms, pain, limitations after the accident, and treatment in a personal log or journal
• Seek medical attention promptly and inform the healthcare provider your injury is related to your job
• Review and understand your employer’s policies about home-based work accidents and workers’ compensation claims, making sure you understand your company’s reporting and documentation requirements.

This evidence can help demonstrate a direct connection between your sustained injuries and your work tasks. You can help build a compelling case for your injuries being related to your remote work in order to pursue a workers’ comp claim.

What Are Some Challenges I Might Face?

Your employer might challenge your claim and question if your sustained injury was actually related to your work duties. Unfortunately, some companies and insurance carriers try to undermine claims for remote workers and say they were not hurt performing work-related actions.

Also, sometimes you might have to prove your place of residence. In North Carolina, workers’ compensation is determined based on where you work. To qualify for benefits, you may need to argue that your employment contract is based in North Carolina or your company’s principal place of business can be found in North Carolina.

Location Matters

Even if you don’t live in North Carolina, the key factor in determining whether you can claim a job in North Carolina is where your principal place of work is located. If you were hurt while working here, North Carolina workers’ compensation law typically applies.

If your company disputes your claim or says it’s unrelated to your work duties, consider contacting an experienced workers’ comp attorney to discuss your rights and recovery options. An attorney can help build a solid case to prove your injuries are actually related to your remote work and can help connect them to a North Carolina workers’ comp claim.

What Are Some Common Work-Related Injuries for Remote Workers?

Some examples of common work-related injuries for remote workers include:

• Straining while lifting a heavy box
• Eye strain from extended use of your work computer
• Tripping over a cord
• Cutting your finger while using a paper cutter

There are many other ways an employee might be hurt while working from home. If you’ve been hurt as a remote worker performing a job-related task, consider seeking reliable legal advice from an experienced North Carolina attorney.

FAQs

Q: Who Is Exempt from Workers’ Comp in North Carolina?

A: In North Carolina, there are a few exemptions to the requirements for employers to maintain workers’ compensation insurance requirements, including agricultural employers, casual employees, those who have irregular hours and who routinely leave, employees of the federal government, corporate officers, and more.

Also, LLC members, business partners, and sole proprietors are not automatically covered, but they may have decided to have coverage in certain instances. Remote workers performing job-related work when hurt are included in workers’ comp coverage.

Q: What Happens If You Get Hurt While Working From Home?

A: If you were hurt while working from home and you can prove you were performing job-related work, it’s important to consider a workers’ compensation claim. You can document the accident, and you should immediately report the injury to your employer and say it was related to your work duties.

You should seek medical care and consult an experienced workers’ compensation attorney, especially if your claim is disputed. An attorney can help prepare an NCIC Form 18 within 30 days post-accident.

Q: Can I Get Workers’ Comp If I Don’t Live in North Carolina?

A: You may be eligible for workers’ compensation benefits if your employment contract was signed in North Carolina or if your company’s principal place of business is in North Carolina, even if you live outside of the state. Workers’ compensation is typically based on where you work, so the key deciding factor for eligibility is whether your primary place of employment is in North Carolina.

Q: Can I Get NC Workers’ Comp as a 1099 Employee?

A: As an independent contractor/1099 employee, you generally can’t get workers’ compensation benefits. The North Carolina Industrial Commission doesn’t require companies to provide coverage for their independent contractors. In most circumstances, a 1099 employee isn’t eligible for workers’ compensation.

However, misclassifications can happen, and if you were erroneously considered an independent contractor when you should have been an employee, you might be eligible for benefits. Contact a workers’ compensation lawyer to discuss your options.

Contact the Experienced Team at Ayers, Whitlow & Dressler – Free Initial Consultations

If you’re filing a workers’ compensation claim in North Carolina as a remote worker after an injury, contact a trusted workers’ compensation attorney to discuss your recovery options. Contact our office to talk to an experienced attorney about your remote worker injury claim.