Monroe, NC asked in Workers' Compensation for North Carolina

Q: In NC is it legal for an employer to fill out injury report and file it for an employee without their knowledge

The injury report was not written or even seen by me until 9 months later and denial from insurance to cover my injury.. my signature was not obtained and the employer did not write correctly what happened or even go over the details of the accident/injury with me. but employer submitted it to their insurance company again I have never even seen this but it clearly said at top of paper "to be completed by employee" if I had seen it I would have corrected what he wrote and signed it and would not be here today asking this question is it legal for them to fill this out and submit without my knowledge it was denied because they did not put the right body part that was injured

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1 Lawyer Answer
David Gantt
David Gantt
PREMIUM
Answered
  • Workers' Compensation Lawyer
  • Asheville, NC
  • Licensed in North Carolina

A: The NC Court that handles workers' compensation (WC) cases has specific forms for both employees (Form 18) and employers (Form 19) to fill out within thirty (30) days of a work accident. However, the Court will consider employee injury reports as old as two (2) years from the accident depending on the reason for the late filing. While the employee is not supposed to fill out the Form 18, I doubt the Court will penalize the employer for using the wrong form (should have used Form 19). The reason for both employee and employer forms is to give notice to employer's insurance that an accident has occurred. Unless the full two (2) years has run from the date of the accident, you should file your own Form 18 setting out the correct information (body part). To have any chance of preserving your WC rights, you must provide the right information. I would not count on the NC Court to bail you out in this situation unless you file the proper information.

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