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In the State of North Carolina, all businesses with three or more employees must have workers’ compensation coverage for their employees. In South Carolina, businesses with four or more employees must have workers’ compensation coverage. If they don’t, they are breaking the law and can face serious fines.

If your direct employer does not have workers’ compensation insurance, there’s a chance to find insurance coverage through related business entities, such as general contractors or joint employers. Not every case involves these relationships, and an experienced and qualified attorney will help you figure out if your claim involves them.

First, seek medical care. Injuries are urgent, and workers who call lawyers first instead of seeking medical care send red flags up to the insurance companies on the other side of your case. This is one reason why experienced and qualified attorneys are going to need a full medical workup on your injury or occupational exposure before letting you know their evaluation of your chances in the workers’ compensation system or what benefits you might qualify for.

Next, and as soon as possible, report your injury to your employer—in writing. While you have 30 days to do this under our law with some exceptions, which usually throw a case into litigation before you can get coverage. Putting it in writing puts when your employer found out beyond all doubt. (And keep a copy of the notice you give!)

There is a different rule for occupational diseases and workplace exposure claims on when the notice period starts to run. Generally, it starts to run when you are diagnosed with a disease or medical condition that (1) disables you and (2) a doctor or other competent medical authority has told you is more likely than not related to your work. “Possible” links to work are not enough.

Third, talk to an experience and qualified lawyer. Insurance companies have a duty to investigate workers’ compensation claims in good faith, and these investigations sometimes involve recorded statements, where an adjuster gets to ask you questions about your injury. One question they always ask is, “Were you doing your normal job in the normal and customary way when the injury happened?” This is a trick question, which gives insurance companies a reason to deny your claim, because 99.9% of workers are doing their normal work when an injury happens. There are other factors that are significant, and an experienced and qualified lawyer can figure out if they are involved in your case.