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Quick answer: Get the injured employee medical care first, then notify your workers’ comp carrier right away. In North Carolina, Form 19 is due to the Industrial Commission within five days if the employee misses more than one day or medical charges top $4,000. Serious injuries also need an NC OSHA report.
What we see at ALLCHOICE
Business owners who call us about their first workplace injury usually ask the same thing: does this one really count? The employee says they are fine, the owner waits a day to see how it goes, and by the time anyone calls the carrier, the details have gotten fuzzy.
Our Risk Advisors give the same answer every time. Report it now, even if it looks small. Prompt reporting keeps the details fresh and gives the carrier time to investigate. Then we walk the owner through what the carrier will ask for.
Not sure your workers’ comp policy is set up the way you think it is? A Risk Advisor can review it with you, or we can compare options across 20+ carriers.
What should I do right after an employee gets hurt?
Get the employee medical care first, then document what happened. For a serious injury, call for help and begin the reporting steps right away. Here is the short list:
- Get care. Call 911 for anything serious. For lesser injuries, ask your carrier which provider to use.
- Write down the facts. Record the date, time, place, witnesses and what the employee told you. Stick to what you saw and heard.
- Call your carrier the same day. Your policy requires prompt notice, and many carriers want it right away.
- Get Form 19 moving. Give your carrier what it needs so the form reaches the Industrial Commission on time.
- Check the NC OSHA triggers. A death, inpatient hospitalization, amputation or loss of an eye has its own, shorter clock, and you make that report, not your carrier.
- Give the employee their paperwork. When Form 19 is filed, the employee should receive a copy of it and a blank Form 18, as the Form 19 instructions explain.
Who do I have to report an injury to, and how fast?
You report to three places: your carrier, the Industrial Commission and, for serious injuries, NC OSHA. Each has its own deadline.
| Who gets notified | When | What triggers it |
|---|---|---|
| Your workers’ comp carrier | As soon as possible; check your policy | Any injury, or alleged injury, that needs or gets a doctor’s attention |
| NC Industrial Commission (Form 19) | Within 5 days after you know | More than one day out of work, or medical charges over $4,000 |
| NC OSHA | Within 8 hours | Work-related death |
| NC OSHA | Within 24 hours | Inpatient hospitalization, amputation or loss of an eye |
| Employer (from the employee) | Right away, and no later than 30 days | Employee’s written notice of the accident |
| NC Industrial Commission (Form 18) | Generally within 2 years | Employee’s claim for compensation |
- Your carrier: as soon as possible. Check your policy for the exact notice terms.
- The Industrial Commission: Form 19 is due within five days after you know about the injury. It applies when the injury keeps the employee out of work for more than one day, or when medical charges exceed $4,000. The form goes to the Commission through your insurance carrier.
- NC OSHA: a work-related death must be reported within eight hours. An inpatient hospitalization, amputation or loss of an eye must be reported within 24 hours. You make this report yourself at 1-800-625-2267; your carrier will not do it for you.
The employee also has a deadline. Under G.S. 97-22, they should give written notice right away and no later than 30 days after the accident. They then generally have two years from the accident to file their own claim with the Commission on Form 18; occupational diseases follow different rules. Your Form 19 does not count as their claim.
What happens next with the doctor and the paycheck?
In most accepted claims, your carrier directs medical care. Emergency treatment and some disputed situations follow different rules. Under G.S. 97-25, the employer or its insurer provides and directs treatment, subject to Industrial Commission orders. In an emergency, the employee may use their own provider.
Lost-time pay follows a set pattern. Under G.S. 97-28, no compensation is due for the first seven days of lost time unless the disability lasts more than 21 days. After that, total disability pay is two-thirds of the employee’s average weekly wage, up to a yearly maximum. Your carrier handles these payments and decides whether to accept or deny the claim. Once a claim is open, stay in touch with the adjuster, send the payroll and employment information they request, and pass along any work restrictions from the treating doctor.
Can I discipline or fire an employee who files a claim?
Not for filing the claim itself. North Carolina’s Retaliatory Employment Discrimination Act, G.S. 95-240 and following, prohibits retaliation against an employee for filing a workers’ comp claim. An employee can file a complaint with the NC Department of Labor within 180 days of the last adverse action.
Whether a particular discipline or termination crosses the line is a question for an employment attorney, not your insurance agency. What we can say is that pressuring an employee not to report an injury is the fastest way to turn a small claim into a big one.
What should I ask my Risk Advisor about a work injury?
Ask who you call first, what the carrier needs to file Form 19, and who reports if you are out of the office.
- Who at my carrier do I call first, and is there a claims line open after hours?
- Does my policy list my classification codes and payroll correctly?
- What does my carrier need from me to file Form 19 on time?
- Do I have a written plan for who reports an injury if I am out of the office?
What this means in North Carolina
North Carolina requires workers’ comp coverage once you have three or more regular employees. Corporate officers count toward that number. Occupational accident insurance is not a substitute.
The process does not change by region. A roofing crew in Wilmington, a restaurant in Asheville and a shop in the Triad all follow the same steps and deadlines. If an employer has no coverage, Form 19 goes straight to the Commission instead of through a carrier. That is a very bad day to learn the policy lapsed.
As an independent agency, we compare workers’ comp across carriers, so you can see what each one offers on claims support and price before you need it.
People also ask
Form 19 is the employer’s report of the injury, filed with the Industrial Commission through the carrier. Form 18 is the employee’s notice of accident and claim for compensation. Filing Form 19 does not file the employee’s claim for them.
Form 19 is required only when the employee misses more than one day or medical charges exceed ,000. Even so, tell your carrier promptly, because your policy sets its own notice terms, and keep a written record of what happened.
On an accepted claim, the employer or its insurance carrier generally directs medical treatment. In an emergency, the employee may use a provider of their choice. Disputes can go to the Industrial Commission.
Generally, yes, once you have three or more regular employees. Corporate officers count toward that total, and some work has different rules, so check the exemptions. Exemptions are listed in G.S. 97-13.
Final verdict
When an employee gets hurt, the order matters: care first, carrier second, paperwork third. Prompt reporting keeps the details accurate and gives the carrier time to investigate. A call to your carrier on day one keeps the five-day Form 19 clock from becoming your problem.
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Related: Workers’ compensation insurance in North Carolina · How to get workers’ compensation insurance
Sources
- Form 19, Employer’s Report of Employee’s Injury or Occupational Disease, NC Industrial Commission
- 11 NCAC 23A .0104, Employer’s Requirement to File First Report of Injury, NC Office of Administrative Hearings
- Information for Employers, NC Industrial Commission
- Information for Injured Workers, NC Industrial Commission
- Frequently Asked Questions, NC Industrial Commission
- Report a Workplace Accident, NC Department of Labor
- REDA Complaint, Workers’ Compensation, NC Department of Labor
Coverage depends on your policy, carrier and situation. This article is general information, not a coverage decision — talk to your Risk Advisor about your policy.