Filing a North Carolina Workers' Compensation claim can be difficult, and mistakes may come with a high price tag. You may need a NC Workers' Comp attorney to help. Click here to find out more about The Law Offices of James Scott Farrin and how we may be able to help you.
To obtain a copy of any of the forms listed below, click here.
In North Carolina, the first step an injured worker should take is to immediately inform his or her supervisor in writing.
The next step is to complete a Form 18 – Notice of Accident to Employer and Claim of Employee, Representative or Dependent for NC Workers' Compensation Benefits. The employee should file the form with the North Carolina Industrial Commission and provide a copy to his employer and/or its insurance carrier – and keep a copy. The Form 18 should be filed by the injured worker within 30 days, and must be filed within two years of the injury.
The employee is entitled to a detailed statement from the employer or insurance carrier of grounds for denying any claim within 14 days of receipt unless time is extended by the North Carolina Industrial Commission's Executive Secretary's Office. If a claim is denied the employee should receive a copy of Form 61 – Denial of NC Workers' Compensation Claims from his or her employer, outlying the reasons for the denial.
Otherwise, the employee should receive a Form 60 – Employer's Admission of Employee's Right to Compensation, or a Form 63 – Notice To Employee of Payment without Prejudice.
CAUTION: A Form 63 is a provisional acceptance that the insurance carrier can later reverse within certain time limitations.
If a claim is denied, the employee has the right to request a hearing by filing a Form 33 – Request for Hearing with the North Carolina Industrial Commission. The Form 33 may be used to raise other disputes over NC Workers' Compensation benefits with the North Carolina Industrial Commission as well.
Filing a request for hearing before the North Carolina Industrial Commission is not the same as filing a civil lawsuit. By requesting a hearing, injured workers are not "suing" their employer; they are simply requesting that the North Carolina Industrial Commission make a formal decision about whether employers and their insurance companies are responsible for providing Workers' Compensation benefits.
The North Carolina Industrial Commission will generally order that a mediated settlement conference ("Mediation") be held prior to the hearing, to see if the case can be resolved without court involvement.
Other forms you might want to be aware of include Form 28T – Notice of Termination of Compensation by Reason of Trial Return to Work – which indicates that an employee returned to work, even if only for a brief time. The Form 28T allows the carrier to turn off a worker's checks. It is very important for a worker not to return to work before it is medically safe to do so.
A Form 24 – Application to Terminate or Suspend Payment of Compensation is what the insurance carrier must file if it wants to turn off a worker's weekly check without him or her returning to work.
Information on this page is not intended as a substitute for a medical evaluation by a qualified provider or consult with an experienced North Carolina Workers' Compensation attorney.
