You and your employer have a very informal setup. Perhaps you never completed any paperwork or training. Perhaps you are undocumented. You have been working for your employer for a while but have never been paid by a company check. You are directly handed cash, venmoed, sometimes paid cash and sometimes by personal check. Now you got hurt and you wonder…Do I have a Workers’ Compensation claim when I have never been paid by a true paycheck or run through payroll? You may be feeling fearful because your situation does not look like a typical employment arrangement that you have no protection under the law. Maybe your employer is telling you because you are undocumented and/or paid by cash that you have no case. Fear not, these abnormalities in your employment arrangement alone do not disqualify you from having a valid claim! However, these can cause some difficulties in your case for which you should consult an attorney right away .
In North Carolina, “Employers” are defined as “every person carrying on any employment.” N.C gen. Stat. § 97-2. Employers with 3 or more employees are required to carry workers’ compensation insurance to cover their employees. An “Employee” is defined as “every person engaged in an employment under any appointment or contract of hire or apprenticeship, express or implied, oral or written, including [undocumented immigrants], and also minors, whether lawfully or unlawfully employed . . . . N.C. Gen. Stat. § 97-2.
North Carolina lawmakers clearly sought to create broad protections for those injured while performing work that benefits their employers. These laws expressly include language protecting those working in informal arrangements. As a North Carolina Board Certified Specialist in Workers’ Compensation law with 20+ years of experience, attorney Maggie Shankle is able to navigate and track down any form of pay and help argue that you qualify as a true employee who is afforded Workers’ Compensation legal protection.
Your employment situation may be unique, but you are not alone without recourse. If you have been injured at work, we may be able to help. Contact us to schedule a free consultation with Attorney/Owner, Maggie Shankle. At Shankle Law Firm, we can help educate you on your rights, as well as other components surrounding your injury and treatment.