Who Must Carry Workers' Compensation in North Carolina?
In North Carolina, employers are required to carry workers' compensation insurance if they have at least one employee who works for them for a minimum of 30 days in a 12‑month period, or if they are a sole proprietor with employees. The law applies to all businesses except for certain small‑scale or specific‑type exemptions (see below).
- Who Must Carry Workers' Compensation in North Carolina?
- Key Definitions
- Employee vs. Independent Contractor
- Covered Work
- Legal Thresholds and Exemptions
- Coverage Requirements
- How to Verify Your Requirement
- Use the NC Department of Labor's Online Tool
- Check Your Business License
- Consequences of Non‑Compliance
- How to Obtain Workers' Compensation Insurance
- Renewal and Record‑Keeping
- Common Misconceptions
- Practical Checklist
More from this site
Keep reading the latest coverage
Key Definitions
Employee vs. Independent Contractor
Employees are individuals who perform work under the employer's direction and control, receive a regular wage, and are subject to the employer's schedule. Independent contractors are self‑employed and are not covered by workers' comp.
Covered Work
All on‑site work, travel for work, and any job duties performed under the employer's authority count toward the 30‑day threshold.
Legal Thresholds and Exemptions
- One employee for 30+ days in a 12‑month span – required.
- Zero employees or less than 30 days – not required.
- Certain small businesses with less than five employees and no history of workplace injury may be exempt under the "small‑employer" provision, but they must still register and pay a nominal fee.
Coverage Requirements
Workers' compensation in NC covers medical expenses, lost wages, and disability benefits. Employers must provide:
- Medical treatment for work‑related injuries.
- Temporary total disability (TTD) payments.
- Permanent partial or total disability benefits.
- Rehabilitation and vocational training if needed.
How to Verify Your Requirement
Use the NC Department of Labor's Online Tool
Enter your business size and employee count to confirm whether you must purchase insurance.
Check Your Business License
Many local licensing offices list workers' comp status; contacting them can provide confirmation.
Consequences of Non‑Compliance
Failure to carry required coverage can result in fines, civil penalties, and potential civil liability for workplace injuries. In extreme cases, criminal charges may apply.
How to Obtain Workers' Compensation Insurance
Employers can purchase through licensed carriers, the NC Workers' Compensation Insurance Fund, or the state's "small‑employer" program. It's advisable to shop for quotes and compare premium rates, which vary by industry risk.
Renewal and Record‑Keeping
Insurance must be renewed annually. Employers must keep proof of coverage, employee injury logs, and claim records for at least five years.
Common Misconceptions
Many business owners think only large firms need coverage. In reality, even a single employee working 30 days triggers the requirement. Also, independent contractors are not covered; hiring them does not obligate the employer to provide workers' comp.
Practical Checklist
| Step | Action | Deadline |
|---|---|---|
| 1 | Count employees and days worked | End of each fiscal year |
| 2 | Determine coverage need | Within 30 days of threshold |
| 3 | Obtain insurance quote | Immediately after decision |
| 4 | File proof with NC Department of Labor | Within 90 days of first employee |