North Carolina is what some people refer to as a “Form Intense” state. We’ve got forms for everything it seems. It’s easy to get confused. And the Commission sometimes doesn’t forgive; instead they fine and sanction you! So what’s a claims handler to do? Well, don’t fret. Below is a list of the most frequently needed Forms and when they should be filed:
- File a Form 19 within 5 days of the work incident or report of the injury when there is more than 1 day of lost time OR at least $2,000 in medical treatment (must also be filed in fatal claims)
- File a Form 29 within 45 days of knowledge of death OR allegation of death being related to work incident/occupational disease
- File a Form 60 within 30 days of Plaintiff’s filing of a Form 18 when you admit Plaintiff’s right to compensation
- File a Form 61 within 30 days of Plaintiff’s filing of a Form 18 when you deny Plaintiff’s right to compensation
- File a Form 63 within 30 days of Plaintiff’s filing of a Form 18 when you are unsure as to liability but you want to pay compensation without prejudice while you investigate. [WARNING: if you pay without prejudice and you decide to deny the claim, you must file a Form 61 within 90 days of notice of the incident; if you do not timely deny, the claim will be deemed admitted.]
- A Form 63 may also be used to “admit” a claim for medical treatment only; [NOTE: you should also file a Form 61 denying Plaintiff’s right to indemnity and indicate whether you admit the claim is compensable under the Act.]
- File a Form 25N “promptly” when a rehab. professional is assigned
- File a Form 28 “promptly” when you are terminating compensation due to Plaintiff’s return to work without restrictions
- File a Form 28T within 16 days when you are terminating compensation due to Plaintiff’s return to work with restrictions
- File a Form 62 when you are reinstating or modifying compensation
- File a Form 28B within 16 days of last payment of indemnity compensation (but claim is not settled)
- File a Form 28C in settled claims only
The above list does not include other forms Defendants file when certain disputes arise (i.e. Forms 24, and 33/33R) or those that represent agreements between the parties (i.e. Forms 21, 26, 26A, 26D and 30).
Good luck and happy filing!
If you have questions, contact me directly at 704-940-3422 or ETaylor@cshlaw.com.