Workers' Compensation in North Carolina: Form 19, HIPPA and More

Each day, an employee gets hurt on the job. And despite all of the lawyer commercials on TV that promise to stick it to your employer, most workers' compensation claims are not as dramatic. Employees who know their rights are always more prepared than others. Workers' compensation laws are created and enforced on the state level, so it's important to understand that each state may handle workers' compensation claims differently. Here are some tips for individuals with filing claims in North Carolina.

First off there has to be an injury as a result of an accident. Most, people don't understand that not all work injuries are compensible. For example, if your regular duties require you to dust and you feel that you hurt arm one day, there is a good chance that this may not be compensible. There is also a "going and coming rule." This states that accidents that happen on the way to or coming from work may not be compensible either. It is important to note the may or may not, because workers compensation laws are ever-changing. So, nothing is set in stone.

If you have a work injury you need to report it to your supervisor as soon as possible. You will probably be asked to fill out a Form 19, or one will be filled out for you. The Form 19 is simply the first report of an injury, that asks for the detail of how you were hurt, where you were hurt, and if you received medical treatment. Depending on your employer, you may also want to fill out a Form 18. The form 18 is not a necessity for employees to fill out. However, if you don't think your employer will report your injury, you may want to fill out a form 18 just to be on the safe side.

Although it's not a rule that most people like, In North Carolina, the employer can direct your medical treatment. This means that if you are injured you are basically required to go to the doctor's office of your employer's choosing, if you want them to pay for your treatment. The only time that you may be able to get your employer to pay for a family physician or the doctor of your choosing is with permission or approval for the Industrial Commission.

It is important to note that privacy and HIPPA laws have restricted the information that an employer can obtain about your medical treatment. Currently, there is an approved list of questions that your employer, their insurance company, or third party administrator can ask the physician.

Be aware that in order to be out of work, you must have a note from a physician for it to count towards your benefits under workers compensation. In North Carolina you must have more than 7 days of lost time. The first 7 days would simply be sick leave or vacation time from your job. After seven days you should begin receiving temporary total disability or temporary partial disability. If you have more than 21 days of lost time, then you will be reimbursed or compensated for those initial seven days. Another fact that often gets lost in translation is the benefits amount. Workers Compensation benefits are paid weekly and should represent 66 and 2/3 of your average weekly wages. Average weekly wage is calculated by looking at your wage for 52 weeks prior to your injury.

There are more rules under workers compensation and understand these tips are meant to broaden your basic understanding. Most employers try to abide by the laws and will not hassle you about filing a claim or accepting claims that are clearly compensible. However, there is still a hand full that may try to frustrate you into dropping or simply not filing your claim. When in doubt contact the North Carolina Industrial Commission's Ombudsmen with general questions. You may find all the help you need with out having to spend a dime on lawyer fees.