COVID-19 Claims
The Industrial Commission has received inquiries regarding the potential coverage of COVID-19 infections under the North Carolina Workers’ Compensation Act (“NCWCA”). All workers’ compensation claims are decided by applying the facts of the particular case to North Carolina law. The employee bears the burden of establishing all necessary legal requirements of the claim.
To establish an occupational disease claim for COVID-19 under the NCWCA, an employee must show: 1) that the employment exposed him or her to greater risk of contracting the disease than the general public, and 2) that the employment caused him or her to contract the disease.
To establish an injury by accident claim for COVID-19 under the NCWCA, the employee must show that the infection was contracted due to an accident (as defined by North Carolina law as an interruption of the normal job routine) arising out of, and occurring in the course of, the employee’s employment.
To file a claim for workers’ compensation, a Form 18 (found here) should be completed and filed with the Industrial Commission.
Follow These Steps to Report a Work-Related Injury
Step One
Report your injury to your Employer and seek out appropriate medical treatment.
Your employer may have a health care provider on your work site and if consistent with your employer’s instructions present yourself to that health provider if appropriate.
If you do not have access to an on-site health provider, your employer may have instructed you to present yourself to a designated health care office in case of work related injuries. If appropriate to the seriousness of your injury, report to that facility.
If there is no employer on-site or designated off-site health care provider, seek medical care appropriate to your medical needs. Depending on your circumstances, appropriate health care may be obtained from your family doctor or a hospital emergency room.
Step Two
Tell your health care provider that your injury is related to your work and the name of your employer. This information allows the health care provider to bill treatment as a Workers’ Compensation claim.
Step Three
As soon as possible, inform an appropriate manager of your employer or the owner of your company that you have experienced a work related accident. If you can personally report your injury, do so. If you are unable to report your injury because of your medical condition, have a family member, friend or health care provider notify your employer of the injury as soon as possible.
Step Four
As soon as practical after the accident, and within thirty days, give written notice to your employer. A simple written statement giving the date of the accident and a brief description of the injury is all that is necessary. If you cannot write the letter, have a friend or family member write it for you and send it to the employer. Keep a copy of the letter for your records.
Step Five
Follow your physician’s instructions for medical treatment. The goal of the Workers’ Compensation System in North Carolina is to ensure that you get good health care to restore you as nearly as possible to the health and ability to work that you had prior to your injury.
Following these five simple steps will ensure that your injury is properly reported, you receive appropriate health care quickly and that your employer can initiate workers’ compensation medical benefits.
ATTENTION EMPLOYEES AND EMPLOYEE REPRESENTATIVES:
Information regarding the workers’ compensation carrier for your employer may be obtained from the Industrial Commission in one of the following three manners:
- Searching the Insurance Coverage Search System;
- You have filed a Form 18 asserting a claim against the employer.
- The employer or carrier has filed a Form 19 reporting your injury.
The Industrial Commission sends out an acknowledgement letter when a Form 18 is processed that contains information about the insurance carrier. However, if you have not yet received an acknowledgement letter and you need this information, you may contact the Industrial Commission. It is not required that you provide insurance carrier information when completing a Form 18 if you do not have that information.
Employee Forms
Any claim by an employee must begin by filling out and submitting a form to the NC Industrial Commission. Below is a partial list of available forms.
Form 18
This is where you begin when you have a claim. This form MUST be filled out completely and submitted to the Industrial Commission when you have been injured on the job.
The Electronic Form 18 may not be used in cases involving more than one employer.
OR
Standard Form 18 with Instructions
This Form 18 may be filed with the Commission as instructed on the bottom of the form.
Form 18B
This form is used if there is a claim by an Employee, Representative, or Dependent for Lung Disease, Including Asbestosis, Silicosis, and Byssinosis (G.S. §97-53)
Form 18M
This form should be used if an employee wishes to apply for Additional Medical Compensation (G.S. §97-25.1) (Applicable to Injuries by Accident or Occupational Illness on or After July 5, 1994)
