![]() It is important not to miss the scheduled court date or additional consequences can result. In most instances, district attorneys in North Carolina will dismiss the criminal citation upon proof of compliance when the business owner appears in court. Speaking with an experienced attorney can help small businesses identify whether they are required to carry workers’ compensation insurance and avoid these costly problems. ![]() ![]() Often, the first time a business owner is made aware of the noncompliance is when the civil penalty has been issued or the criminal citation is served. Reliance on an insurance agent to advise the business or belief that notice of the requirement will be provided by the State is a mistake. The obligation is on the Employer to ensure that the necessary workers’ compensation insurance is in place. Similarly, it can be startling when a Penalty Assessment Order for tens of thousands of dollars arrives by certified mail. Questions: Why did I receive a penalty from the Industrial Commission? Can I really be charged criminally?Įmployers are often surprised when an investigator from the Industrial Commission contacts the business and issues a criminal citation. The statute continues to allow for misdemeanor or felony charges against business owners that either neglect or willfully fail to bring an employer into compliance. Failure to carry the necessary insurance can result in a penalty of $20 to $100 per day and may not apply a period of noncompliance occurring more than three years prior to the date of the penalty assessment. As revised, the updated NCGS § 97-94 reduces the daily penalty amount that may be assessed against businesses and limits the look-back period for which an employer may be penalized. Question: Am I required to have workers’ compensation insurance?Įmployers with three or more employees must still carry an active workers’ compensation insurance policy. ![]() This article addresses common questions from employers who have received a penalty from the Industrial Commission and discusses updated areas to the law and procedures for challenging the penalty. In some situations, these changes have provided significant relief to employers from the Industrial Commission’s prior aggressive policies. The good news for employers is that following significant revisions to the law in July 2018, these changes have generally been positive. There have been a variety of recent changes to this area of the law and the practice procedures used by the Industrial Commission. If you are a business owner and have been notified by the Industrial Commission about an investigation into your business, received a penalty, or been charged with a criminal offense, please contact Dysart Willis Houchin & Hubbard so we can discuss how we can help.ĭysart Willis Houchin & Hubbard represents employers that have received penalties from the North Carolina Industrial Commission under NCGS § 97-94 for failure to carry workers’ compensation insurance. In recent months, our firm has been made aware of instances where compliant employers have been incorrectly targeted by the Industrial Commission and improperly threatened with civil penalties and criminal citations. Despite businesses across North Carolina experiencing financial struggles related to the COVID-19 pandemic, the Industrial Commission has continued to aggressively investigate employers without workers’ compensation insurance and issuing civil penalties for non-compliance.
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