Claims Kit

Posting Requirements  11 NCAC 23A.0201  97-93

All employers subject to the provisions of the Act must post a North Carolina Workers' Compensation Notice to Injured Workers and Employees (Form 17 - English, Form 17 - Spanish) in a conspicuous location so as to provide notice to employees that they are in an employment position subject to the provisions of the Workers' Compensation Act and that their employer has obtained workers' compensation coverage or has qualified as a self-insured employer for workers' compensation purposes.

Should the employer allow its workers' compensation coverage to lapse or cease to qualify as a self-insured they must remove the posting notice and any other notice indicating coverage within 5 working days. 

Reporting of Claim by Employer  97-92  11 NCAC 23A .0104

An employer must report any alleged injury or occupational disease to their insurance carrier immediately. 

If an injury or alleged injury causes an employee to be absent from work for more than 1 day or charges for medical compensation exceed $4,000 the employer or carrier must file an Employer's Report of Injury to the Industrial Commission (Form 19) within 5 days of learning of the injury or allegation.

The employer must provide a copy of the completed Form 19 to the employee along with a blank Notice of Accident to Employer and Claim of Employee, Representative, or Dependent (Form 18).

Physician Selection  97-25

The employer or its insurance carrier may select the treating physician and other providers of medical compensation, subject to orders of the Commission. If the employee is dissatisfied with the services rendered by providers selected by the employer, the employee may request that the Commission order a change of treatment or approve treatment by providers of employee’s selection. Such requests must show that the change is reasonably necessary to effect a cure, provide relief, or lessen the period of disability, and be submitted with any medical opinions or records that support the request. A copy of the request must be simultaneously sent to the employer or its insurance company.

Compensation may be suspended if an employee fails to cooperate with a provider selected by the employer and ordered by the Commission. The suspension will continue for the entire period of refusal. 

Penalties for Late Reporting  97-92 (e)

An employer or insurer must report all potential work-related injuries causing a worker's absence from work for more than 1 day or medical only claims requiring care in excess of $4,000. The employer or insurer must report claims with an Employer's Report of Employee's Injury or Occupational Disease (Form 19) submitted before the Commission within 5 days of the occurrence or knowledge of the incident or lost time. 

Any employer who refuses or neglects to make this necessary report is liable for a penalty of no less than $5 and no more than $25 for each refusal or neglect.