North Carolina has had a serious issue with employers who fail to carry proper workers’ compensation insurance to protect their employees in the event of an on-the-job injury. In fact, this last year, the North Carolina Industrial Commission charged some 100 employers with misdemeanors for failure to carry proper insurance. The agency has also collected more than $ 1 million in civil fines.
Yet problems persist. So what are workers to do?
One option is to sue your employer for personal injury. When employers refuse to secure workers’ compensation insurance as required by law, they are no longer legally insulated from such lawsuits, which can result in substantial payouts to the employee far in excess of what they might have gotten from the workers’ compensation claim. That’s because workers’ compensation doesn’t allow for damages paid for pain and suffering, while personal injury litigation does. Plus, you could seek full reimbursement of wages, rather than the two-thirds allowable under workers’ compensation law. However, that’s typically a slower process and you would still have to prove negligence. Continue reading