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LawTalk
LawTalk, Attorney
Category: Business Law
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Experience:  I have 25 years experience in the practice of law.
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NC Workers comp legal question. We own an internet based

Customer Question

NC Workers comp legal question.We own an internet based company (two person partnership) with no physical office. All employees work from home on computers. We have 3 part-time employees in NC, a state that I understand 3 or more employees requires workers comp insurance. Since each person works from their own house, is it necessary? If so, how likely is it that a claim would be awarded if someone had an accident in her own house? The company is based in FL. It was based in NC until last year.Thanks,
Kurt
Submitted: 7 months ago.
Category: Business Law
Expert:  LawTalk replied 7 months ago.

Good afternoon,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

Failure to have workers' compensation in NC when you have 3 or more employees is at a minimum misdemeanor and you could be charged with a crime in the state. Also, there are significant civil penalties which can be assessed against employers who violate the mandatory workers' compensation laws of the state. Additionally, because workers' compensation is mandatory, if one of your employers were injured while on the job, your company would be obligated to pay for all their medical expenses as well as temporary disability and permanent disability, if any there was.

All in all, it is simply a bad idea to take the risk of not having your employee's covered for workers' compensation.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Customer: replied 7 months ago.
Are you NC attorney? Is the NC requirement based on 3 full time employees? These are all part time (less than 40 hr. per week).Kurt
Expert:  LawTalk replied 7 months ago.

Hi Kurt,

I am not a NC attorney (I'm licensed in GA and CA), but I don't need to be to understand the law. I researched it before I wrote to you.

No, the mandatory workers compensation law in NC is not based on full time employees. Unfortunately, it is based on the number of employees that are employed by your company at the same time. Whether they are part time or full time is not a relevant fact.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you so that I can be compensated for helping you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Expert:  LawTalk replied 7 months ago.

Good afternoon,

It is possible that your questions and issues might be better served by an in-depth conversation with me. If you are interested, for a very nominal charge I can offer you a private phone conference.

Please know that I answered your question in good faith, providing you with the information that you asked for, and I did that with the expectation that you would act likewise and rate my service to you. If I have already provided you with the information you asked for and you have no additional questions, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance for your rating of my service, It is greatly appreciated,

Doug