North Carolina
Pesticide Reporting Requirements
Region
North Carolina
Required to Report
Yes
What to Report
Any Pesticide-Related Exposure
State Office
Department of Health and Human Services, Division of Public Health, Occupational and Environmental Epidemiology Branch
Phone 1
800-200-7090
Timeframe to Report Injury or Exposure
48 Hours
Reporting Notes
Reports can be made by telephone to Poison Control or to the Division of Public Health. For additional information about reporting pesticide exposures in North Carolina, please visit the Division of Public Health site: http://epi.publichealth.nc.gov/pest/toreport.html
Mandated to report
PhysiciansOther health professionals
SENSOR partnership with NIOSH
Pesticide Poisoning Surveillance Program (technical support from NIOSH): http://www.epi.state.nc.us/epi/pests.html
Workers' Compensation
Coverage for Farmworkers
Required (with limitations)
Limitations
Employers must provide workers' compensation only if they employ 10 or more full-time nonseasonal farm laborers.
Statute
N.C. Gen. Stat. Ann. § 97-13(b) (2011)
Coverage for Undocumented Workers
Yes
Case Law
Gayton v. Gage Carolina Metals Inc., 560 S.E.2d 870 (N.C. Ct. App. 2002) (holding that status as illegal alien did not bar recovery under workers' compensation and that because employer had failed to establish employee was able to return to work, employer could not terminate workers' compensation benefits); Rivera v. Trapp, 519 S.E.2d 777 (N.C. Ct. App. 1999) (noting that definition of "employee" includes every person engaged in employment including aliens).
Benefits Available for Undocumented Workers
Undocumented workers can receive wage-loss benefits and temporary total disability benefits. Gayton v. Gage Carolina Metals Inc., 560 S.E.2d 870, 874 (N.C. Ct. App. 2002) (finding that undocumented worker could receive "total incapacity" benefits until employer demonstrated that "but for" his illegal status the worker could obtain a job; in other words, as long as the worker remained physically disabled, he was eligible for benefits); Ruiz v. Belk Masonry Co., Inc., 559 S.E.2d 249, 254 (N.C. Ct. App. 2002) (affirming an award of total permanent disability benefits to an undocumented worker); Roset-Eredia v. F.W. Dellinger, Inc., 190 N.C. App. 520 (N.C. Ct. App. 2008) (affirming a determination of temporarily totally disabled of an undocumented worker).
State Workers’ Compensation Website
Online forms