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North Carolina has harsh penalties for workers’ compensation violations. Not having workers’ compensation insurance can carry a misdemeanor or even a felony charge.
Employers are required to carry workers' compensation insurance in North Carolina they have three or more employees. However, the following situations are exceptions to this rule.
They do not have to carry workers’ compensation insurance unless they employ 10 or more full-time, non-seasonal workers.
Any domestic servants directly employed by a household do not need to be covered by work comp insurance.
If employees are exposed to radiation, they must be covered by work comp, regardless of company size.
Truck drivers must be covered by a workers’ compensation policy, even if the owner-operator is considered an independent contractor. The principal contractor can be held liable for the owner-operator, and their employees or subcontractors, in the event of injury or death.
A trucking company may obtain a blanket policy to cover all independent contractors and their employees or subcontractors.
Officers may need to be included, if employed by an incorporated business. Officers may waive their own coverage, but they still count toward the three or more employees rule.
North Carolina considers sole proprietors and partners to be employers and do not need to be covered. That said, they can elect to be covered on their policy, if they want.
A worker under direct control of the employer may be considered an employee, regardless of their tax status. Check whether your workers might be considered employees.
Workers' compensation insurance premiums are based in part on what's called a workers' compensation rate.
While most states use the National Council on Compensation Insurance (NCCI) to collect workplace data and set rates, North Carolina uses its own rating bureau, North Carolina Rate Bureau. The non-profit, unincorporated organization collects loss, premium and payroll data, and recommends rates.
Rates are set by classification code, or industry. These four-digit numbers categorize businesses, and are used to determine a base rate for coverage based on the relative risk for a workplace injury or illness.
This base rate is multiplied by company payroll, and then experience modifier and other discounts may be applied by an insurance carrier to calculate the final premium. The rating bureau also sets experience modification factors for employers. Learn more about how much workers’ compensation insurance costs.
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To buy workers compensation insurance in North Carolina, you need to request a quote from a licensed insurance agent and provide some details about your business.
Here’s what to have in front of you:
If your North Carolina small business needs workers' compensation insurance and you don’t know where to start, WorkCompOne is here to help.
Workers’ comp laws are based on number of employees. We explain who needs to be on your policy to stay in compliance and avoid hefty fines.
To avoid being overcharged on workers’ compensation coverage, it’s critical that your policy include the correct class code. Here's what you need to know.