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Industrial Commission Crackdown Continues

The North Carolina Industrial Commission is responsible for, among other things, upholding the workers' compensation laws of the state. This enforcement includes actions to penalize employers who do not carry workers' compensation insurance or who fail to meet their duties when a worker suffers an injury.

More than a technicality

Industrial Commission investigations are a serious matter. Business owners who run afoul of the Commission cannot afford to take the situation lightly. What some employers fail to understand is that the Industrial Commission can do more than harm your business or force you to take steps to get back into compliance with the rules. The situation can be so much worse.

Employers can be fined following an Industrial Commission investigation. They can also be arrested and prosecuted, as failure to carry workers' compensation is a crime. Employers can be charged with a misdemeanor or felony infraction. That means an employer can be imprisoned for more than a year for a violation.

The Industrial Commission began to step up its enforcement activities in 2014. Since then, it has maintained an active role in cracking down on employers who fail to meet their obligations. The agency has collected millions of dollars in fines and charged countless employers in criminal court as part of the crackdown.

A misunderstanding

Many employers fail to carry workers' compensation because they don't realize they have to. Some believe they are exempt. Others think they have provided proper coverage as self-insured employers when they actually haven't. Whatever the reason, these employers are all in a peril if the Industrial Commission gets involved. Any employer facing investigation should contact an experienced defense attorney as soon as possible to protect their rights.

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