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Workplace Injury Frequently Asked Questions

WARNING: All of the information provided here is of a general nature only. The specific facts of your case may require a completely different answer. Do not base any decision with respect to your case solely on any of the answers found herein. Prior to making any decision with respect to your case, you should speak with a competent attorney who is familiar with the laws that relate to your case.

I got hurt at work, but my employer says that they did not carry any Workers’ Compensation Insurance at the time of my injury. Am I out of luck?

All employers in North Carolina with three or more employees are required to carry Workers’ Compensation Insurance. What we oftentimes see, especially in these difficult economic times, is employers having to let their workers’ compensation insurance lapse due to lack of funds. Most often, we see this with small construction subcontractors.

The good news is this: If you worked for a subcontractor who was on a job which had a general contractor, or who was hired by another subcontractor, you may be able to go “up the chain” and gain access to the compensation coverage provided by the general contractor, or subcontractor who hired your employer. It all depends on whether or not those contractors took the necessary steps to verify whether your employer did, in fact, carry workers’ compensation insurance at the time your employer was hired by the contractor above them for the job.

Virginia Beach Office

5500-B Greenwich Rd.
Virginia Beach, VA 23462

Elizabeth City Office
(by appointment only)
507 E Main St #K
Elizabeth City, NC 27907

If you are looking at this site, you or a loved one has probably been hurt. If that's true, you've come to the right place. Helping people who have been hurt is what we do. In fact, it is all we do. Joe Miller Law is a law firm concentrating exclusively on representing people who are injured by the carelessness of others or those hurt on the job. We provide the highest quality legal services to people who have been seriously injured. We practice Personal Injury law and Workmens' Compensation law in both Virginia and North Carolina.