North Carolina Workers’ Compensation for Flooring Installers

Flooring installers in North and South Carolina encounter various job hazards that pose risks to their health and safety. From physical strain and exposure to chemicals to the potential for accidents, their work comes with inherent dangers.

Workers’ compensation benefits are crucial for providing the necessary support and coverage these workers need for medical expenses and lost wages after an injury at work. This article will discuss workers’ comp eligibility in North Carolina and explain how to file a claim for maximum compensation if you’ve been affected.

Flooring installer injury statistics

Studies have shown that floor installers spend as much as 75% of their job kneeling, often on hard surfaces and for extended periods of time. This can lead to a variety of occupational hazards related to the knees.

Carpet layers, for example, comprise just 0.06% of the workforce in the United States, but they file more than 6% of the workers’ compensation claims for knee injuries. That’s 108 times the national rate. Tile setters and floor layers also experience disproportionate rates of knee injuries at 53 and 46 times the national rate, respectively.

Common job duties of flooring installers

Floor installers are responsible for laying various types of flooring materials, including carpet, tile, stone and hardwood. Their everyday job duties involve measuring, cutting, placing, adhering, trimming, stripping and finishing their flooring materials.

They’re often required to use specialized tools called knee kickers, which help to quickly and efficiently stretch carpet but can also put strain on the knees over time.

Most common injuries to floor installers

As discussed, knee injuries are frequent problems for flooring installers. Some of the most common include:

Other hazards of flooring installation can range from mild to severe:

Eligibility requirements for workers’ compensation in North Carolina

In North Carolina, most businesses with more than 3 employees must have workers’ compensation insurance. Eligible workers are entitled to workers’ comp benefits after an injury or illness as long as it occurred during the course of their jobs.

There are exceptions, however, for domestic employees (like housekeepers), certain sawmill and logging workers, and agricultural workers who work for an employer with fewer than 10 employees.

There are also cases where workers are considered independent contractors rather than employees; independent contractors are legally considered self-employed, even if they’re working for a particular business.

How North Carolina defines “employee vs. independent contractor”

How does North Carolina define an independent contractor? 

There’s no single rule or standard. Instead, the situation is reviewed with an eye toward the following:

• How much control and supervision the employer has over the worker
• Who makes the decisions about where, when and how the work is done
• Who sets the hours, timelines and budgets
• Who pays for the tools, supplies and materials
• Whether there’s a “continuing relationship” between the employer and the worker

The general rule of thumb for independent contractors is that they work outside of an employer’s control. They might be given a task or project, for instance, but they work independently to complete it.

Another sign of independent contracting is when taxes aren’t withheld from their paychecks. Employees will have things like Social Security automatically deducted. Meanwhile, independent contractors will receive their full wages, but they’ll have to pay self-employment taxes quarterly or annually.

Do independent contractors qualify for workers’ comp?

Generally speaking, independent contractors aren’t eligible for workers’ comp. They’re considered self-employed, so they aren’t covered by the insurance of the business that hired them, and they aren’t able to seek damages from that insurance policy.

They can, however, seek compensation through other means, like a third-party personal injury lawsuit. If you’re a floor installer who has been hurt on the job, workers’ comp isn’t your only avenue for compensation.

What parties could be liable if I’m injured working as an independent contractor?

If you’re looking to file for damages through a lawsuit or insurance claim after an injury as a flooring installer, you’ll need to prove liability. This is one of the key differences between workers’ compensation claims and other types of personal injury claims. 

Workers’ comp is “no-fault insurance,” meaning that no one has to be blamed for the injury, but a personal injury lawsuit revolves around finding someone negligent for the accident.

Parties that may be liable through a personal injury lawsuit if you’re injured while working as an independent contractor may include the following:

• The company that hired the independent contractor
• The owner of the property where the injury occurred
• The individual who caused the injury
• The manufacturers, suppliers, or distributors of whatever tool, machine or product caused the injury

If you’re an independent contractor who suffered a work injury and you believe one of these parties may be to blame, an experienced personal injury attorney can help you gather evidence and prove liability so you can be compensated through a personal injury lawsuit.

The different types of workers’ comp benefits

If you are an employee who’s eligible for workers’ comp benefits, that’s often the easiest and quickest way to recover the compensation you need after a work injury. You may be eligible for a number of benefits, including:

• Reimbursement for all necessary medical treatment, appointments, supplies and equipment
• A portion of lost wages and ongoing disability payments while you’re unable to work, which is typically two-thirds of your average weekly wage
• Death benefits if you lost a loved one due to a work-related injury or illness

Your exact benefits will depend on factors like the severity of your injury and whether or not you’ll be able to return to work.

How to file a workers’ compensation claim in North Carolina

Eligible workers should take the following steps to begin a workers’ compensation claim in North Carolina:

1. Seek medical attention so you’ll have clear documentation linking your injury or illness to your job.
2. Notify your employer of your injury within 30 days.
3. File Form 18 with the North Carolina Industrial Commission as soon as possible but no later than 2 years after your injury.
4. Contact a skilled workers’ compensation attorney if you want help filing your claim or if your claim is denied.

Getting help from a workers’ compensation attorney

A skilled workers’ compensation attorney can provide invaluable assistance when you’re filing a claim. This is especially true if you’ve been misclassified as an independent contractor rather than an employee.

When reviewing your case, a work injury attorney can:

• Determine if you’ve been properly classified under North Carolina law.
• Figure out which benefits you qualify for.
• Identify any negligent parties in the case.
• Negotiate with your employer and their insurance company to help you get maximum benefits.

If you’re eligible for workers’ comp, your attorney can help you file the appropriate paperwork with the Industrial Commission. If you aren’t eligible, your attorney can help you pursue claims against third parties as part of a personal injury lawsuit.

How to prevent knee injuries for flooring installers

Implementing proper techniques and taking preventive measures can significantly reduce the risk of knee injuries. 

Firstly, using knee pads and shock absorbers provides essential cushioning and protection for the knees. Taking regular breaks and alternating tasks that require kneeling with those that don’t allow for rest and relief can also reduce knee strain and injuries. Additionally, adhering to proper body mechanics, such as using the legs to lift heavy objects instead of straining the knees, is essential. 

Lastly, keeping the work area clean and free of hazards helps prevent accidental slips or falls that can lead to knee injuries. By incorporating these preventive measures, flooring installers can help safeguard their knees and maintain their overall well-being.

Contact a Charlotte workers’ compensation attorney

Workers’ compensation claims are not always as simple as they might seem. Working with an attorney from the very beginning can help you avoid a denied claim so you can get the compensation you need for a full recovery. 

At Wilder Pantazis Law Group, our knowledgeable work injury attorneys are committed to helping workers in North and South Carolina recover maximum compensation for their injuries. We offer free initial consultations, and we work on contingency—so you won’t pay a fee unless we win your case.

Contact us today for your free, no-obligation consultation to see how we can help you.