- April 18, 2024
Suffering an injury while doing your job will immediately bring up questions about workers’ compensation. If you’re a part-time employee, however, you will feel uncertain terms of qualifying for such compensation.
North Carolina has clear legal stipulations when it comes to an employer’s responsibility and an employee’s ability to obtain compensation in the event of an accident. Meeting a reputable Charlotte workers’ compensation attorney will give you a good idea about your options and the right steps to undertake in the future.
North Carolina Workers’ Compensation Laws
You can find workers’ compensation legal details in the North Carolina Workers’ Compensation Act.
The North Carolina Industrial Commission also answers some of the most important questions about workers’ compensation.
In essence, all businesses that employ three or more people have to obtain workers’ compensation insurance.
This means almost all part-time workers will be entitled to financial compensation in the event of a workplace accident. Independent contractors are excluded from such coverage. The same applies to domestic workers employed directly within a household, volunteers, Federal Government employees, farm workers, and business owners.
It’s also important to point out that companies employing fewer than three people (micro-businesses) aren’t under the legal obligation to obtain insurance.
Obtaining Workers’ Compensation as a Part-Time Employee: The Main Steps
If you meet the conditions mentioned above, you have the right to be compensated for a workplace accident. The compensation is meant to cover expenses like:
- Medical treatment
- Rehabilitation costs
- Permanent disability benefits
- Death benefits
Workers’ compensation also covers long-term and chronic medical issues stemming from an accident. A good North Carolina workers’ compensation lawyer will outline the types of expenses you’ll incur in the future and whether you can seek financial recovery.
Your lawyer will also help you find out if your specific injury is covered by the compensation. In the event of eligibility, the lawyer will notify your employer and submit a claim.
It’s possible for disputes to arise. Whenever this happens, your personal injury attorney will be responsible for the communication with your lawyer or the insurance company, guaranteeing an optimal outcome.
Having a lawyer can also help you overcome eventual issues like discrimination or special circumstances. Being a seasonal or a part-time employee can be considered such a special circumstance. A skilled Charlotte personal injury lawyer, however, will know how to collect evidence and strategically approach the situation so that you’re not denied the very important compensation that you’re entitled to.
Is It Possible to Sue as a Part-Time Worker Who Suffered an Injury?
Suing an employer because you experienced a workplace accident is another possibility you’ll need to discuss with your legal representative.
As a general rule of thumb, you cannot sue an employer if you are covered by workers’ compensation insurance.
The aim of the insurance is precisely that – to get you compensated and resolve the situation without the need to head to court. You can find all of the legal details pertaining to that matter in N.C. G.S., Chapter 97 – 10.1.
There are certain exceptions, however, that will enable you to pursue additional financial compensation. Suing an employer will be possible whenever you and your legal team are capable of proving one or more of the following:
- Gross negligence
- Intentional harm
- A failure to provide the workers’ compensation coverage you’re entitled to
- Third-party liability (in situations when a party other than an employer is responsible for a work-related accident)
To prove such circumstances, you’ll need to gather very concrete, irrefutable evidence. Let your personal injury lawyer know all of the accident details. Having enough information will allow them to make a judgment about going to court.
Learn About Your Rights, Talk to a Lawyer Immediately
Even if you don’t experience a complicated scenario, it’s still a good idea to consult a legal professional. As a part-time employee who has just gone through a traumatic episode, you may feel overwhelmed and confused by everything you need to do in order to get compensated.
As experienced Charlotte workers’ compensation lawyers, we know what it takes to speed through the steps and overcome some of the most typical administrative hindrances. Contact us at 704-706-2689 to benefit from a free consultation.
