Monroe, NC asked in Workers' Compensation for North Carolina

Q: Asked ...Is it legal in NC for employer to fill out initial accident report and file w/out employee knowledge or signing

I'm sorry forms 18 and 19 were filled out properly by both employee and employer ..my question is regarding the initial accident/injury report (employer form to be filled out by employee) this form was filled out by the employer NOT employee as it states on the top if the form after it was filled out... detailing information when the injury happened what body part was injured ...etc.. it was never seen by employee let alone written or gone over with the employee as this is the "employee statement" of what occurred when the injury happened it also never received the employees signature as this form was supposed to be the employees statement of the incident and if the employee saw their own accident report ,would have been corrected by employee signed by employee as "his or her statement" and submitted ..in other words the employees report WAS NOT written signed or even seen by this employee but submitted as employees statement

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

A: While signing the employee's name on a form that was not authorized by him/her is fraudulent, I don't know of any specific legal penalties you could gain from a false private internal company document. You certainly could use the unauthorized document as evidence of lack of employer credibility in a Court hearing. I am sure that any Judge who found these facts would penalize employer in some fashion, but no formalized penalty exists to my knowledge. You should submit a statement setting the internal company records straight in case the issue ever comes up in Court over related matters.

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