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En Español : 919-747-3276
Arabic : 252-654-4852
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Business Law Archives

General Assembly Approves Revisions to Workers Compensation Penalty Statute

For years Dysart Willis has been at the forefront in representing North Carolina businesses who have received a Penalty Assessment Order from the Industrial Commission for failure to carry workers' compensation insurance.  Generally, NCGS § 97-93 requires that any employer with three of more employees have workers' comp coverage and NCGS § 97-94 allows for a $50 to $100 per day penalty if an employer fails to have such insurance. Additionally, the statute permits potential criminal charges and contempt proceedings. A focused effort by the Industrial Commission to enforce compliance has been in effect since roughly 2013. As discussed on this blog before, beginning in early 2017 the Industrial Commission adopted a punitive approach to these cases which has unnecessarily and unfairly threatened small businesses and business owners.

NC Industrial Commission Continues to Target Small Businesses Through Civil Penalty Statute

Dysart Willis has remained committed to the representation of North Carolina businesses facing civil penalties from the Industrial Commission. As previously reported here, the Industrial Commission has been engaged in the active enforcement of NCGS § 97-94 for several years with a recent shift towards a less forgiving and more punitive approach. This statute allows for a civil penalty of between $50 and $100 per day against employers that fail to carry workers' compensation insurance.

Punitive Enforcement - NC Industrial Commission Adopts Policy Change Against Noninsured Employers

North Carolina businesses with three or more employees are required to have workers compensation insurance coverage under NCGS 97-93. Failure to secure the required policy can result in civil fines and criminal penalties against noninsured employers under the companion statute, NCGS 97-94. The policy behind the law is understandable - in the event of a workplace injury, insurance should be in place in order to cover any medical bills, lost wages, and permanent disability suffered by a worker injured on the job.

Criminal and Regulatory Charges Against Business Owners

Businesses both large and small face a multitude of requirements and challenges. While each industry in North Carolina is different, the number of regulations, licensing requirements, and tax and payroll compliance impose a seemingly never ending maze of confusion. Even with the highest level of diligence, things can slip through the cracks. Whether its missed premium payments, failure to secure required licenses, or financial mix-ups, mistakes can have unfortunate consequences.

N.C. Industrial Commission Pursues Uninsured Businesses

If you are an employer who recently received a Penalty Assessment Order from the North Carolina Industrial Commission, you have likely been caught by surprise and have questions. Financially crippling penalties along with the threat of criminal charges is a situation more and more NC companies are facing since the Industrial Commission has stepped up non-insurance enforcement and compliance efforts.

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  • Client was charged in federal court with the felony offense of being an illegal alien in possession of a firearm. After negotiation with the US Attorney's Office, the felony gun charge was dismissed and our client...

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