The North Carolina Industrial Commission has begun cracking down on uninsured employers since the News & Observer’s series of articles inspired action. A recently passed NC law has added teeth to cases of employers without worker’s comp with jail time. The Commission has arranged for court appointed lawyers to be offered to some uninsured employers, which may indicate the Commission intends to threaten such employers with jail time.
Many people hurt on jobsites realize their employers were uninsured at the time of accident. But many workers do not realize that if they are hurt on a construction jobsite, you can often recover under the insurance of the general contractor.
A recent Court of Appeals decision addressed cancellation of worker’s compensation insurance. An injured worker’s employer apparently failed to renew their WC insurance. But the insurance company failed to send a certified letter giving 45 days notice to the employer warning of cancellation, so the cancellation was found to be invalid and the injured worker was covered.
Rules can differ state to state, but there are always rules which apply for the cancellation of a worker’s comp insurance policy. Generally a specific method of notice and advance notice (15, 30, 45 days) are required by law.