When an employee gets injured on the job, the employer and employee are required by law to submit forms to the North Carolina Industrial Commission. This is done to support the workers’ compensation claim of the employee, limit liability, and avoid sanctions for not properly informing the state of the incident. Both parties fill out an injury report and submit it to the commission as part of making the claim. Employers are required to fill out Form 19 and employees fill out Form 18. Both forms require information from both parties and have to be filled out completely, then submitted within five days of the initial knowledge of the injury.
What Does an Employer Have to do After an Employee is Injured?
An employer has to fill out Form 19 and file it within five days after it becomes aware of the employee’s injury, if the injury causes the employee to be off the job for more than one day, or in the event the employee’s medical costs exceed the amount established by the Industrial Commission. The completed form needs to be filed with the commission and a copy sent to the employee along with a blank Form 18.
The employer has to fill out Form 19 entirely. There can be no sections left blank and accuracy is important. The form asks for information that includes the name of the employee, employer, and the insurance company’s contact information. The form goes on to ask multiple questions about the employer, the employee, and the nature of the injury. It also asks if the employee returned to work, what day and time, wages, and what position. In the event the employee suffered a fatal injury while at work, the employer has to fill out Form 29.
The employer also has a duty to supply a copy of the form to the employee. If the employee disagrees with any information listed in the form, he or she has 30 days to submit a written report of injury to their employer.
What Does an Employee Have to do to Report the Claim?
An employee fills out Form 18, but has more time to submit the claim to the Industrial Commission and employer. Notice of the injury should be given immediately after the accident or as soon as possible. The employee has up to 30 days to submit a notice if they can’t do it soon after the incident. The form itself asks for the name of the employer and employee and has the employee make a statement regarding the date and type of injury. The form also asks for the employee’s occupation, how many days out of work, wages, how many hours and days a week worked, and if medical treatment was received.
Form 18 establishes a legal injury claim for the employee as long as it has been filed within the mandated time frame. Employees have up to two years from the time of injury or occupational disease to file Form 18. In the event the employee is suffering from asbestosis, byssinosis, or silicosis, they have to use Form 18B. The original form needs to be sent to the Industrial Commission and a copy sent to the employer.
Greenville, NC Workers’ Compensation Attorney
I’m Brian Ricci, a workers’ compensation lawyer at the Ricci Law Firm; a work-related injury can be a painful, frustrating, and confusing experience. Let me help you navigate the paperwork and get the help that you deserve.
If you need our help, contact us today to get an appointment for a free consultation at (252) 777-2222 or 800-387-6406 for free, friendly advice. Let us fight your battle.
I am a longtime member of the Million Dollar Advocates Forum. We are a group of top rated US trial lawyers with multi-million dollar settlements and case verdicts for the injured clients we have served.
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