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The North Carolina 28 form, also known as the Return to Work Report, plays a crucial role in the state's workers' compensation system. This form is required when an employee returns to work after a period of disability due to a workplace injury. It includes essential information such as the employee's name, contact details, and the specifics of their employment, including the employer's information and insurance carrier details. Notably, this form is not applicable for employees who are returning on a trial basis; in such cases, a different form, the 28T, must be utilized. The North Carolina Industrial Commission mandates that employers or their insurance carriers complete this form to confirm that the employee's return is not classified as a trial return to work. Additionally, the form addresses situations where an employee may have returned to work for reduced wages or with a different employer. It is important for employees to understand that their disability compensation may cease upon returning to work, although they may be eligible for partial disability compensation if their earnings are lower than before the injury. Clear instructions are provided for submitting the form, ensuring that both the employee and their attorney, if applicable, receive copies for their records. Overall, the North Carolina 28 form is a vital document that facilitates the transition back to work while maintaining compliance with state regulations.

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NORTH CAROLINA INDUSTRIAL COMMISSION

IC File #

RETURN TO WORK REPORT

Emp. Code #

Carrier Code # Carrier File #

The Use Of This Form Is Required Under The Provisions of The Workers' Compensation Act

Employer FEIN

Employee’s Name

Address

 

City

 

 

State

Zip

(

)

 

(

)

 

Home Telephone

 

Work Telephone

 

 

M F

 

/

/

Social Security Number

Sex

 

Date of Birth

 

 

(

)

 

 

Employer's Name

 

 

Telephone Number

 

 

 

 

 

Employer’s Address

 

City

State

Zip

 

 

 

 

 

Insurance Carrier

 

 

 

 

 

 

 

 

 

Carrier's Address

 

City

State

Zip

(

)

(

)

 

 

Carrier's Telephone Number

 

 

Fax Number

 

Employer: The use of this form is not appropriate when an employee has returned to work on a trial return to work basis pursuant to N.C. Gen. Stat. § 97-32.1, in which case Form 28T must be used. By using this form you are stating that this case is not a trial return to work and that one of the exclusions contained in NCIC Rule 404A(7) applies.

Important Notice To Employee: Your disability compensation has been stopped because you have returned to work. You are entitled to a trial return to work for a period not to exceed nine months, unless you have been released by an authorized treating physician to unrestricted work, in which case your trial return to work may be limited to 45 days. During your trial return to work, you may be entitled to partial disability compensation if, because of your on-the-job injury, you earn less wages now than before your injury. If your trial return to work is unsuccessful, you should complete form 28U in order to request that your compensation be reinstated.

THE EMPLOYER OR CARRIER/ADMINISTRATOR MUST COMPLETE THE FOLLOWING

WHEN EMPLOYEE RETURNS TO WORK OTHER THAN ON A TRIAL RETURN TO WORK BASIS.

SECTION A. COMPLETE THE FOLLOWING:

1.Date of injury:

2.Date disability began:

3.Date returned to work:

SECTION B. COMPLETE IF EMPLOYEE RETURNED TO WORK FOR REDUCED WAGES:

Employee is being paid at the rate of $

 

weekly.

SECTION C. COMPLETE IF EMPLOYEE RETURNED TO WORK FOR A DIFFERENT EMPLOYER:

1.Name of that employer:

2.Address:

3.Telephone:

SIGNATURE OF EMPLOYER OR CARRIER/ADMINISTRATOR

TITLE

DATE

Employer: The original of this form shall be sent to the address below, and a copy sent to the employee and the employee's attorney of record, if any. A Form 28B must be filed to report the amount and last date compensation and/or medical compensation were paid.

 

MAIL TO: NCIC - CLAIMS SECTION

 

 

4335 MAIL SERVICE CENTER

FORM 28

 

RALEIGH, NC 27699-4335

2/01

FORM 28

MAIN TELEPHONE: (919) 807-2500

PAGE 1 OF 1

HELPLINE: (800) 688-8349

WEBSITE: HTTP://WWW.IC.NC.GOV/

Form Specifications

Fact Name Description
Purpose The North Carolina 28 form is used to report an employee's return to work after a disability due to a work-related injury.
Governing Law This form is governed by the North Carolina Workers' Compensation Act, specifically N.C. Gen. Stat. § 97-32.1.
Trial Return to Work The form should not be used if the employee is returning to work on a trial basis; in such cases, Form 28T is required.
Compensation Notice Employees must be informed that their disability compensation has been stopped due to their return to work.
Partial Disability If an employee earns less due to their injury, they may be eligible for partial disability compensation during their trial return to work.
Submission Requirements The original form must be sent to the NC Industrial Commission, with copies provided to the employee and their attorney, if applicable.
Contact Information For questions, individuals can contact the NC Industrial Commission at (919) 807-2500 or (800) 688-8349.

North Carolina 28: Usage Guidelines

Completing the North Carolina 28 form is a necessary step following an employee's return to work after a work-related injury. Accurate and timely submission of this form is crucial to ensure compliance with the Workers' Compensation Act. The following steps will guide you through the process of filling out the form correctly.

  1. Obtain the North Carolina 28 form from the North Carolina Industrial Commission website or your employer.
  2. Fill in the IC File #, Emp. Code #, Carrier Code #, and Carrier File # at the top of the form.
  3. Enter the Employer's FEIN (Federal Employer Identification Number).
  4. Provide the Employee’s Name, Address, City, State, and Zip Code.
  5. Input the Employee's Home and Work Telephone numbers.
  6. Indicate the Employee's Sex by checking the appropriate box (M or F).
  7. Fill in the Employee's Social Security Number and Date of Birth.
  8. Enter the Employer's Name and Telephone Number.
  9. Provide the Employer’s Address, City, State, and Zip Code.
  10. Fill in the Insurance Carrier's Name and Address, along with City, State, and Zip Code.
  11. Input the Carrier's Telephone Number and Fax Number.
  12. In Section A, complete the following: Date of Injury, Date Disability Began, and Date Returned to Work.
  13. If the Employee returned to work for reduced wages, complete Section B by entering the weekly pay rate.
  14. If the Employee returned to work for a different employer, complete Section C with the new employer's Name, Address, and Telephone number.
  15. Sign and date the form in the designated area as the Employer or Carrier/Administrator.
  16. Make copies of the completed form for the employee and their attorney, if applicable.
  17. Send the original form to the NCIC Claims Section at the provided address.

Your Questions, Answered

What is the purpose of the North Carolina 28 form?

The North Carolina 28 form, also known as the Return to Work Report, is used to notify the North Carolina Industrial Commission when an employee returns to work after a period of disability due to a work-related injury. This form is essential for documenting that the employee is no longer receiving disability compensation and helps ensure compliance with the Workers' Compensation Act in North Carolina.

When should the North Carolina 28 form be used?

This form should be used when an employee has returned to work and is not on a trial return to work basis. If an employee is returning to work on a trial basis, the appropriate form to use is the Form 28T. By submitting the North Carolina 28 form, the employer confirms that one of the exclusions outlined in NCIC Rule 404A(7) applies to the employee's situation.

What information is required to complete the North Carolina 28 form?

To complete the North Carolina 28 form, the employer or carrier/administrator must provide several key details. This includes the employee's name, address, and Social Security number, along with the employer's information. Additionally, the form requires specific dates: the date of injury, the date disability began, and the date the employee returned to work. If the employee returned to work for reduced wages or with a different employer, that information must also be included.

What should employees know about their rights when returning to work?

Employees should be aware that their disability compensation may be stopped once they return to work. However, they are entitled to a trial return to work period, which can last up to nine months unless they have been released for unrestricted work. During this trial period, if the employee earns less due to their injury, they may qualify for partial disability compensation. If the trial return is unsuccessful, the employee should complete Form 28U to request reinstatement of their compensation.

Where should the completed North Carolina 28 form be sent?

The original North Carolina 28 form should be mailed to the North Carolina Industrial Commission's Claims Section at 4335 Mail Service Center, Raleigh, NC 27699-4335. Additionally, a copy of the form must be provided to the employee and their attorney, if applicable. This ensures that all parties are informed of the employee's return to work status.

What happens if the information on the North Carolina 28 form is incorrect?

If there are inaccuracies on the North Carolina 28 form, it is crucial to address them promptly. Incorrect information can lead to delays in processing and may affect the employee's compensation status. If changes are needed, the employer or carrier should correct the form and resubmit it to the Industrial Commission as soon as possible to ensure compliance and proper documentation.

Common mistakes

  1. Incorrect Form Usage: Many people mistakenly use the North Carolina 28 form when they should be using Form 28T for trial returns to work. Ensure you choose the correct form based on your situation.

  2. Missing Employer Information: Failing to provide complete employer details, such as the employer's name and address, can lead to delays. Double-check that all required fields are filled out accurately.

  3. Incorrect Dates: Entering the wrong dates for injury, disability, or return to work can create confusion. Verify that each date is accurate before submission.

  4. Omitting Employee Details: Leaving out essential employee information, like Social Security Number or contact details, can hinder processing. Make sure to include all necessary information.

  5. Inaccurate Wage Reporting: If the employee returned to work for reduced wages, it’s crucial to report the correct weekly pay rate. An error here could affect compensation calculations.

  6. Neglecting to Sign: The form requires a signature from the employer or carrier/administrator. Forgetting to sign can result in the form being rejected.

  7. Not Sending Copies: Failing to send copies of the completed form to the employee and their attorney can lead to misunderstandings. Always distribute copies as required.

  8. Ignoring Submission Guidelines: Not adhering to the submission instructions, such as mailing the original to the correct address, can cause delays. Follow the mailing instructions carefully.

  9. Missing Additional Forms: If applicable, remember to file Form 28B to report compensation details. Neglecting this can lead to incomplete records.

Documents used along the form

The North Carolina 28 form is an important document in the workers' compensation process. It is used to report an employee's return to work after a period of disability. Along with this form, there are several other documents that may be necessary to complete the workers' compensation process. Here’s a list of some of those documents, along with a brief description of each.

  • Form 28T: This form is used when an employee returns to work on a trial basis. It allows for the continuation of disability benefits during this trial period, which can last up to nine months.
  • Form 28U: If an employee's trial return to work is unsuccessful, this form is used to request the reinstatement of disability compensation.
  • Form 28B: This document is required to report the amount and last date of compensation and/or medical compensation paid to the employee. It ensures that all financial aspects are properly documented.
  • Form 19: The Employer’s Report of Injury is used to report an injury to the North Carolina Industrial Commission. It provides details about the incident and the injured employee.
  • Form 18: This form is the Employee’s Notice of Accident to Employer. It must be completed by the employee to notify the employer about the injury and initiate the claims process.
  • Form 30: This is the Request for Hearing form. If there is a dispute regarding the claim, this form is used to formally request a hearing before the Industrial Commission.
  • Form 25R: This form is the Report of Compensation and Medical Payments. It provides a summary of all payments made to the injured employee for compensation and medical expenses.

Each of these forms plays a crucial role in ensuring that the workers' compensation process runs smoothly. It is important to complete and submit them correctly to avoid any delays or issues with claims. Always consult with a legal advisor or workers' compensation specialist if you have questions about these documents.

Similar forms

  • Form 28T: This form is used for employees who are returning to work on a trial basis. Unlike the North Carolina 28 form, which is for those returning to work without conditions, Form 28T addresses specific circumstances where an employee's return is temporary and monitored.
  • Form 28U: When an employee's trial return to work is unsuccessful, Form 28U is necessary. This document allows employees to request the reinstatement of their disability compensation, contrasting with the North Carolina 28, which confirms a full return to work.
  • Form 19: This form is utilized to report an employee's injury to the North Carolina Industrial Commission. While the North Carolina 28 focuses on the return to work, Form 19 is primarily concerned with documenting the injury itself.
  • Form 26: This form serves to report the employee's wage loss and request compensation for that loss. Unlike the North Carolina 28, which confirms a return to work, Form 26 is about compensation during the time an employee is unable to work.
  • Form 21: This document is used to accept a workers' compensation claim and agree to pay benefits. In contrast to the North Carolina 28, which is about returning to work, Form 21 is focused on the acceptance of liability for the claim.
  • Form 30: This form is a notice of appeal regarding a decision made by the Industrial Commission. It differs from the North Carolina 28, which does not involve appeals but rather confirms the status of an employee's return to work.
  • Form 25R: This form is used for reporting the payment of medical expenses. Unlike the North Carolina 28, which deals with work status, Form 25R focuses on medical compensation and expenses related to the injury.
  • Form 18: This document is used to notify the employer of a work-related injury. While the North Carolina 28 is about confirming the return to work, Form 18 is focused on the initial reporting of an injury.

Dos and Don'ts

When filling out the North Carolina 28 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are eight important dos and don'ts to keep in mind:

  • Do double-check all information for accuracy before submission.
  • Do ensure that you are using the correct form for your situation, particularly distinguishing between Form 28 and Form 28T.
  • Do include all required dates, such as the date of injury and the date returned to work.
  • Do provide the employee’s current wage if they have returned to work for reduced wages.
  • Don't submit the form if the employee is returning to work on a trial basis; use Form 28T instead.
  • Don't forget to send a copy of the completed form to the employee and their attorney, if applicable.
  • Don't leave any sections blank; all relevant information must be filled out completely.
  • Don't ignore the mailing instructions; ensure the original form is sent to the correct address.

By adhering to these guidelines, you can help facilitate a smoother process and ensure that all parties involved are properly informed and compliant with the requirements of the Workers' Compensation Act.

Misconceptions

Understanding the North Carolina 28 form is essential for both employers and employees involved in workers' compensation cases. However, several misconceptions can lead to confusion. Below are nine common misconceptions about the North Carolina 28 form, along with clarifications to help you navigate this important document.

  1. The North Carolina 28 form is only for employees who are permanently returning to work. This form is actually used when an employee returns to work after a period of disability, regardless of whether the return is permanent or temporary.
  2. Employees must complete the North Carolina 28 form themselves. In fact, it is the responsibility of the employer or the insurance carrier to complete the form when the employee returns to work.
  3. The North Carolina 28 form can be used for trial returns to work. This is incorrect. If an employee is returning on a trial basis, Form 28T should be used instead.
  4. Completing the North Carolina 28 form automatically reinstates disability compensation. Completing the form does not guarantee reinstatement. If the trial return to work is unsuccessful, the employee must complete Form 28U to request reinstatement of compensation.
  5. The North Carolina 28 form is not time-sensitive. This is a misconception. Timely submission of the form is crucial, as delays may affect the employee's benefits.
  6. Employers can fill out the North Carolina 28 form at their convenience. Employers must complete the form promptly upon the employee's return to work to ensure compliance with the Workers' Compensation Act.
  7. The form does not require any supporting documentation. While the form itself is essential, employers may need to provide additional documentation regarding the employee’s injury and wage information.
  8. Only the employer’s signature is required on the North Carolina 28 form. The signature of the employer or carrier/administrator is necessary, but it must also be dated to validate the information provided.
  9. Employees do not need to keep a copy of the North Carolina 28 form. Employees should retain a copy for their records, as it serves as proof of their return to work and the details surrounding it.

By addressing these misconceptions, both employers and employees can better understand their rights and responsibilities regarding the North Carolina 28 form. Clarity in this process can lead to smoother transitions back to work and ensure compliance with state regulations.

Key takeaways

Here are some key takeaways about filling out and using the North Carolina 28 form:

  • Purpose of the Form: The North Carolina 28 form is used to report that an employee has returned to work after a work-related injury. It is important to ensure that this form is used only when the employee is not on a trial return to work.
  • Trial Return to Work: If an employee has returned to work on a trial basis, Form 28T must be used instead. This form is specifically for situations that do not involve a trial return.
  • Employer Responsibilities: Employers must complete specific sections of the form, including dates of injury, disability, and return to work. They must also provide information if the employee has returned to work for reduced wages.
  • Submission Requirements: After completing the form, the employer must send the original to the NC Industrial Commission and provide copies to the employee and their attorney, if applicable. A Form 28B is also required to report compensation details.