Claims Kit

COVID-19 Response Industrial Commission Filing Deadline Policy

The Industrial Commission has received some inquiries from attorneys regarding its current filing deadline policy. At this time, the Commission has not granted an automatic, blanket extension of filing deadlines for the following reasons:

• Parties may utilize the Industrial Commission’s Electronic Document Filing Portal (“EDFP”) to electronically file forms, responses, briefs, contentions, proposed opinions and awards/decisions and orders, proposed orders, and all other filings or documents to which a filing deadline applies.
• The Industrial Commission continues to allow pro se plaintiffs and pro se non-insured employers to file all documents by facsimile, U.S. Mail, private courier service, or hand delivery; and
• Any party wishing to obtain an extension of a filing deadline for a reason related to COVID-19, or otherwise for good cause, may file a motion for an extension of time as allowed by applicable rules and statutes.

COVID-19 Filing Requirements: EDFP, EDI, and other rule 108 Filing Requirments Remain in Effect

For the Commission to efficiently process forms and other filings while working remotely, it is essential that all filers comply with Rule 11 NCAC 23A .0108 when filing forms and other documents.

Represented parties and Insurance Carriers/TPAs/Self-Insured Employers are required to file forms and documents electronically via EDFP, with the following limited exceptions:

1. A Form 19 (in which case you are required to file the Form 19 via EDI, unless an exception listed in Paragraph (d) applies);
2. A form or document listed in Table 1 of 11 NCAC 23A.0108; or
3. A Notice of Appeal to the Court of Appeals.

Click here for more information and guidance on the rule requirements.

Written Affirmation Without Notarization Allowed

In order to protect public health and safety by encouraging social distancing, and in light of Emergency Directive 5 contained in Chief Justice Beasley’s April 2, 2020 Order, the Industrial Commission has adopted the following policy, effective immediately and continuing until further notice:

When it is required that any pleading, motion, petition, supporting affidavit, or other document of any kind to be filed at the Industrial Commission be verified, or that an oath be taken, it shall be sufficient if the subscriber affirms the truth of the matter to be verified by an affirmation or representation in substantially the following language:“I(we) affirm, under the penalties for perjury, that the foregoing representation(s) is(are) true. (Signed)_____________________.”

COVID-19 Policy Update Regarding Electronic Signatures

In response to feedback from stakeholders, the Industrial Commission is now accepting all agreements that have been signed by one or more parties via DocuSign or a similar vendor that provides a graphic image of a signature placed on a document using secure software that verifies the identity of the user.

NCIC Claim Administrators and Vendors – New Nature & Cause of Injury Codes for COVID-19 Pandemic March 31, 2020

The WCIO has updated the Injury Description Tables that are used by the IAIABC to reflect specific coding in response to COVID-19. A new Cause of Injury Code (DN0037) - 83 for “Pandemic” and a new Nature of Injury Code (DN0035) - 83 for “COVID-19” were approved. The codes are anticipated to be used for the reporting for any claim effective December 2019 or later. The IAIABC recommends that EDI reporting and collection systems be modified to recognize these new codes by April 1, 2020. The new Injury Description Tables may be found on the WCIO website, Injury Description Table page at: https://www.wcio.org/Document%20Library/InjuryDescriptionTablePage.aspx. NCIC will be ready to accept these new codes as recommended by the IAIABC on 4-1-2020.

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.