Industrial Commission

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Administrative and Regulatory Law,

Industrial Commission Noncompliance Penalties, and

Business Representation

Serving The Needs Of North Carolina Businesses

At Dysart Willis, we serve the needs of North Carolina businesses, employers and entrepreneurs with a wide variety of issues. With a focus on the needs specific to small business owners, attorney Joe Houchin represents various corporations, 501(c) organizations, and professionals with civil litigation, help establish internal company policies and best practices, and defend companies facing regulatory and administrative action by government agencies.

Our Business Law Practice

Dysart Willis attorneys are adept at handling everything from general outside counsel work to a la carte representation and special projects, including:

  • Industrial Commission Noncompliance and Contempt Proceedings
  • Entity formation
  • Nonprofit advisement
  • Employment law issues
  • Litigation
  • Administrative hearings including professional licensing and/or disciplinary action

A Smaller Law Firm To Ensure Responsive Service

Our lawyers bring the knowledge and experience of a larger firm but with a more nimble practice can provide carefully tailored solutions to achieve our clients’ legal goals. Our intimate size ensures that our business law clients receive responsive service and competitive rates.

Industrial Commission Penalties And Workers’ Compensation Noncompliance

For years Dysart Willis has been at the forefront in representing North Carolina businesses that have received a Penalty Assessment Order from the Industrial Commission. Penalty Assessments allege that an employer has failed to carry workers’ compensation insurance and can impose a penalty, often for tens of thousands of dollars. Generally, NCGS § 97-93 requires that any employer with three or more employees have workers’ compensation coverage and NCGS § 97-94 allows for a daily penalty if an employer fails to have such insurance.

Additionally, the statute permits potential criminal charges and contempt proceedings if the employer fails to take action. Business owners are often shocked when they receive a criminal citation in criminal court or a show cause order requiring an appearance before the Industrial Commission.

A focused effort by the Industrial Commission to enforce compliance has been in effect since roughly 2013. As discussed here, 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.

There have been a variety of recent changes to this area of the law. The good news for employers is that following significant revisions to the law in July 2018, these changes have generally been positive. Dysart Willis has successfully helped hundreds of small business owners navigate these cases, reduce or eliminate the penalty, and achieve the best possible outcome.

Contact Our Attorneys

Reach out to our firm if you need assistance with an administrative hearing, an assessment order by the Industrial Commission or other business law matters. We specialize in handling issues for small businesses and entrepreneurs. Call 919-747-8380 today.