Homepage Blank North Carolina 28 PDF Form
Outline

In North Carolina, the transition back into the workforce after a work-related injury is a crucial phase for employees. Here's where the North Carolina Industrial Commission's Form 28 comes into play, serving as a vital document in this process. Form 28, also known as the Return to Work Report, is mandated by the Workers' Compensation Act and must be used under specific circumstances detailed within the Act. The form contains various sections that need to be filled out by the employer or the insurance carrier/administrator when an employee has returned to regular work duties, rather than on a trial basis as outlined in N.C. Gen. Stat. § 97-32.1. It records essential details such as the employee's return to work date and, if applicable, the adjusted wages the employee receives upon their return. Additionally, it outlines the process for employees whose trial return to work is unsuccessful, guiding them on how to request the reinstatement of their compensation using Form 28U. This document plays a crucial role in ensuring that employees are adequately assisted in their return to work and that their compensation rights are protected, making it indispensable in managing workers' compensation claims in North Carolina.

Sample - North Carolina 28 Form

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 Attributes

Fact Name Description
Governing Law The use of Form 28 is required under the provisions of the Workers' Compensation Act in North Carolina.
Purpose This form is utilized when an employee returns to work after a period of disability due to a work-related injury or illness, not on a trial return basis.
Exclusion of Trial Return to Work If an employee is returning to work on a trial basis pursuant to N.C. Gen. Stat. § 97-32.1, Form 28T should be used instead of Form 28.
Sections to Complete Form 28 includes sections for detailing the date of injury, the date disability began, the date returned to work, and, if applicable, information about reduced wages or returning to work for a different employer.
Filing and Notification The completed Form 28 must be sent to the NCIC Claims Section and copies provided to the employee and the employee's attorney of record, if applicable.

Steps to Writing North Carolina 28

After an employee returns to work following a workplace injury, it's necessary to fill out the North Carolina Industrial Commission's Form 28. This form plays a crucial role in updating the commission about the employee's return to work status, ensuring proper adjustments to any disability compensation. Completing this form accurately helps in maintaining compliance with Workers' Compensation Act requirements. Here's a step-by-step guide to fill out the form correctly.

  1. Start by entering the IC File Number, Employer Code Number, Carrier Code Number, and Carrier File Number in their respective fields at the top of the form.
  2. Fill in the employer's Federal Employer Identification Number (FEIN) in the designated space.
  3. Complete the employee's information section by providing their name, address, city, state, zip code, home telephone number, work telephone number, social security number, sex, and date of birth.
  4. Next, enter the employer's name, telephone number, address, city, state, and zip code.
  5. Provide the insurance carrier's information, including name, address, city, state, zip code, and the carrier's telephone and fax numbers.
  6. In Section A, fill out the dates of the injury, the beginning of disability, and the return to work.
  7. If the employee returned to work at reduced wages, enter the weekly wage rate being paid to the employee in Section B.
  8. In the event the employee returned to work for a different employer, complete Section C with the new employer’s name, address, and telephone number.
  9. Sign and date the form at the bottom. The person completing the form should also print their title next to their signature.
  10. The completed and signed original form should be mailed to the NCIC - Claims Section at the address provided, and copies should be sent to the employee and the employee's attorney, if they have one.

Remember, using this form indicates that the employee has not returned to work on a trial basis. If the situation involves a trial return to work, Form 28T should be used instead. Accurate completion and prompt submission of Form 28 help ensure that the Workers' Compensation process proceeds smoothly for both employer and employee.

Listed Questions and Answers

What is the North Carolina Form 28?

The North Carolina Form 28, also known as the Return to Work Report, is a document required by the North Carolina Industrial Commission (NCIC) under the Workers' Compensation Act. It is used by employers or carriers/administrators to report when an employee has returned to work after suffering a work-related injury or illness, but not on a trial return to work basis.

When should the Form 28 be used?

This form should be used when an injured or ill employee returns to their job or starts work with a different employer, and the situation does not qualify for a trial return to work under N.C. Gen. Stat. § 97-32.1. Specifically, it is required when the employee's return to work does not fall under the exceptions outlined in NCIC Rule 404A(7), indicating a permanent or stable return rather than a trial period.

What information is needed to fill out Form 28?

Completing Form 28 involves providing detailed information in three main sections:

  1. Date of injury, the date disability began, and the date the employee returned to work.
  2. If the employee returned to work at reduced wages, the new weekly rate must be stated.
  3. If the employee has started working for a different employer, details such as the employer's name, address, and telephone number are required.
Additionally, it requires the signature of the employer or the carrier/administrator along with their title and the date.

What should an employee do if they return to work on a trial basis?

If an employee returns to work on a trial basis, Form 28 should not be used. Instead, they should use Form 28T, designed specifically for trial returns to work. During a trial period, which cannot exceed nine months unless the employee is released to unrestricted work, they might be eligible for partial disability compensation if their current wages are less than before the injury. If the trial return to work is unsuccessful, Form 28U needs to be completed to request reinstatement of compensation.

How does returning to work affect disability compensation?

Disability compensation is stopped once an employee returns to work. However, if an employee earns less than their pre-injury wages during a trial return to work or under other specific circumstances, they may qualify for partial disability compensation. Employees should closely monitor their earnings and any related benefits during this period and communicate with the NCIC as needed.

Where should Form 28 be sent after completion?

The completed Form 28 must be sent to the NCIC Claims Section at the specified address in Raleigh, North Carolina. In addition, a copy of the form should be sent to the employee and, if applicable, the employee's attorney of record. Employers or carriers/administrators must also file Form 28B to report the amount and last date compensation and/or medical compensation were paid.

Can Form 28 be submitted electronically?

The information provided does not specify whether Form 28 can be submitted electronically. For the most current submission methods, including electronic submissions if available, employers and employees should contact the NCIC directly through their main telephone line or helpline, or visit the NCIC website.

Common mistakes

Filling out forms related to workers' compensation can be tricky and making mistakes on the North Carolina Form 28, a Return to Work Report, could potentially delay benefits or lead to misunderstandings about an employee's work status. It's important for both employers and employees to be aware of common pitfalls in completing this document.

  1. Not checking if a trial return to work applies: The form is not meant for cases where the employee returns on a trial basis as per N.C. Gen. Stat. § 97-32.1. There's often confusion or oversight on this detail, which can lead to using the wrong form.
  2. Forgetting to send copies: It is mandatory to send a copy of the completed form to the employee and their attorney, if they have one. Missing this step can lead to communication issues and delay in the process.
  3. Incorrectly reporting wages: If an employee returns to work at reduced wages, precise details must be filled in Section B. Errors or omissions here can affect the employee's compensation.
  4. Leaving sections incomplete: Every applicable section of the form requires completion. Failing to fill out sections, especially regarding the return to work details (Sections A, B, and C, as needed), can invalidate the form or delay its processing.
  5. Not updating the employment status accurately: If the employee returns to work for a different employer, this information must be accurately reported in Section C, including the new employer's details.
  6. Failing to update or provide accurate dates: Accurate dates for the initial injury, the beginning of disability, and the return to work are crucial. Misreporting these dates can lead to significant issues in the compensation process.
  7. Skip signing the form: The completion of this form requires a signature from the employer or carrier/administrator. Forgetting to sign the form renders it unofficial and can stall the entire process.

Each of these mistakes can lead to complications in an already complex process, affecting timely and accurate compensation for workers. They illustrate the importance of paying close attention to the details when completing the North Carolina Form 28. Reviewing the form for accuracy before sending it to the NCIC – Claims Section, and ensuring that all parties have the correct copies, can help avoid these common errors.

Documents used along the form

When managing workers' compensation in North Carolina, the North Carolina 28 form, known as the Return to Work Report, plays a vital role in communicating an employee's status back to the Industrial Commission. However, this form is just one component in a suite of documents that ensure comprehensive handling of these cases. Let’s explore other documents often used alongside the North Carolina 28 form, providing a clearer picture for both employers and employees navigating through workers' compensation processes.

  • Form 18: This form serves as the Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for Workers' Compensation. It's the starting point for any workers' compensation claim, documenting the initial injury or illness.
  • Form 19: Employers are required to complete this Report of Employee's Injury or Occupational Disease to the North Carolina Industrial Commission to officially acknowledge an injury or illness has occurred at work.
  • Form 60: Through the Employer’s Admission of Employee’s Right to Compensation, this document confirms the employer's acceptance of the employee's injury as compensable and initiates payment for workers' comp benefits.
  • Form 61: Conversely, the Denial of Workers’ Compensation Claims form allows an employer or insurance carrier to explain why an injury claim is not being accepted, citing specific reasons for the denial.
  • Form 28B: This Report of Compensation and Medical Compensation Paid accompanies the Return to Work Report, detailing the amounts and dates of compensation provided to the returning employee.
  • Form 28C: This document is completed by the employee when they change their rehabilitation professional or vocational rehabilitation services provider, ensuring that the commission is aware of the new service details.
  • Form 28T: As mentioned in the North Carolina 28 form, the Trial Return to Work form (Form 28T) is utilized when an employee is returning to work on a trial basis, allowing for a transitional period back into employment.
  • Form 28U: Should an employee's trial return to work prove unsuccessful, this form requests the reinstatement of compensation, outlining the circumstances that necessitated the cessation of the trial period.
  • Form 25T: The Itemized Statement of Charges for Travel is used by employees to request reimbursement for travel expenses related to medical treatment, ensuring that employees are compensated for travel tied directly to their recovery and rehabilitation.

Each of these documents serves a unique purpose, ensuring that every step of the workers' compensation process, from initial injury to return to work or dispute resolution, is documented and managed effectively. By understanding the role of each document, both employers and employees can navigate the complexities of workers' compensation more smoothly, contributing to a more straightforward, transparent process for all parties involved.

Similar forms

The Form 28B, mentioned directly in the Return to Work Report instructions, shares a common purpose with the North Carolina 28 form, specifically in the context of workers' compensation. While the Form 28B is utilized to report the specifics of compensation and/or medical benefits provided to an employee, the Form 28 signals a distinct phase in the employee's recovery journey, marking the return to work. Functionally, they serve complementary roles in the administration of workers' compensation, ensuring both the employer's compliance with reporting requirements and the protection of the employee's rights to benefits and appropriate workplace accommodations.

Form 28T, designated for trial returns to work, is another document closely related to the North Carolina 28 form. It is specifically employed when an employee attempts to return to work on a trial basis, as outlined under N.C. Gen. Stat. § 97-32.1. Unlike the straightforward return to work reported by Form 28, Form 28T addresses situations where an employee's capacity to resume their former duties remains uncertain. The trial period allows an employee to test their ability to work while still maintaining eligibility for compensation, reflecting a nuanced approach to the rehabilitation and reintegration of injured workers.

The End of Compensation Report aligns in purpose with the North Carolina 28 form. When an employee successfully returns to work, an administrative need arises to officially document the cessation of workers' compensation benefits. This report facilitates a clear communication channel between the employer, insurance carrier, and relevant authorities, marking the conclusion of one phase of the workers' compensation process. Such documentation ensures a transparent and orderly transition for the employee back into the workforce, free from the need for ongoing compensation benefits.

Form 28U, designed for instances where an employee's trial return to work is unsuccessful, indirectly complements the North Carolina 28 form by providing a procedural recourse for employees. Should the transition back to employment prove premature, Form 28U facilitates the reinstatement of compensation benefits. It enshrines the principle that the return to work process is subject to reassessment, emphasizing the need for flexibility and support in the recovery and rehabilitation journey of employees.

In the realm of disability management, a Fitness-for-Duty Certification is akin to the North Carolina 28 form. Such certifications are typically required to confirm an employee's ability to return to work following an absence due to medical reasons. While not a direct part of the workers' compensation process, the essence of verifying an employee's readiness and capability to resume work mirrors the validation component intrinsic to the North Carolina 28 form. This ensures that any return to work is in the best interest of both the employee and employer, prioritizing health and safety considerations.

The Occupational Safety and Health Administration (OSHA) requires the use of Form 300, the Log of Work-Related Injuries and Illnesses, which shares a conceptual link with the North Carolina 28 form. Recording incidents that may lead to an employee's absence, and potentially, their eventual return to work necessitates a comprehensive and reliable tracking system. The parallels between maintaining records for regulatory compliance and facilitating an employee's reintegration into the workforce underscore the importance of documentation in managing workplace health and safety.

Finally, the Request for Paid Leave Form, often used by employees to request time off due to illness or injury, precedes the stages of workers' compensation and return-to-work processes documented by forms like the North Carolina 28. As the initial step in acknowledging and addressing a work-related health concern, it sets in motion a series of administrative and supportive measures aimed at an employee's recovery. The subsequent return to work, as reported via the North Carolina 28 form, represents the culmination of these efforts, bringing the process full circle from the onset of injury or illness to the restoration of normal working duties.

Dos and Don'ts

When filling out the North Carolina Form 28, it is important to follow certain guidelines to ensure the process is completed correctly and efficiently. Here are six things you should and shouldn't do:

Things You Should Do:

  1. Verify all employee information such as name, address, social security number, and other personal details for accuracy.

  2. Ensure that the dates of injury, disability onset, and return to work are clearly and correctly entered in SECTION A.

  3. If the employee returned to work at reduced wages, accurately fill out SECTION B, including the exact new wage.

  4. For cases where the employee has returned to work for a different employer, complete SECTION C with the new employer’s details.

Things You Shouldn't Do:

  • Do not use this form for employees returning to work on a trial basis as specified below SECTION A. Instead, Form 28T should be used for trial returns.

  • Do not forget to send the original form to NCIC and copies to the employee and the employee’s attorney, if they have one. The correct mail address is given at the bottom of the form.

By following these guidelines, the process of filling out and submitting Form 28 can be smooth and error-free. It's essential to be meticulous with the details, as this form plays a crucial role in the workers' compensation claims process.

Misconceptions

Understanding the North Carolina Form 28, which concerns workers' compensation claims, is essential for both employers and employees navigating the aftermath of workplace injuries. However, there are notable misconceptions surrounding its use and purpose. Let's debunk ten of the most common misunderstandings:

  1. Form 28 is only for the employer's benefit.
  2. This misconception overlooks the form's role in ensuring that employees returning to work after an injury are properly reintegrated and compensated, if necessary. While it is initiated by the employer, its correct use benefits both parties by facilitating clear communication about employment status post-injury.

  3. Any return to work requires a Form 28.
  4. The specific use of Form 28 is for situations where an employee returns to work without restrictions or on a permanent basis. In cases of trial returns or when special conditions apply, other forms, such as Form 28T, are necessary. It's crucial to distinguish the nature of the return to work.

  5. Form 28 is complicated and difficult to complete.
  6. While any official form can seem daunting, Form 28 is designed to be straightforward, requiring essential information about the return to work. Employers or their administrators can fill it out with ease, provided they have the necessary information.

  7. The completion of Form 28 automatically stops disability compensation.
  8. Filing Form 28 signifies that an employee has returned to work, which may change their compensation eligibility. However, it is the circumstances of the return—such as wages earned compared to pre-injury wages—that ultimately determine compensation, not the mere act of filing the form.

  9. Employees do not need to be informed about Form 28.
  10. Contrarily, employees should be fully informed about the form's submission as it affects their compensation. Moreover, a copy of the completed form should be sent to the employee and, if applicable, their attorney, ensuring transparency in the process.

  11. Form 28 only applies to full-time employees.
  12. This form is not restricted to full-time employees; it applies to any employee returning to work after a workplace injury, regardless of their employment status before or after the injury.

  13. There's no need to complete Form 28 if the employee returns to a different employer.
  14. Even if the return to work is with a different employer, completing Form 28 is necessary to document the change and clarify the employee's work and compensation status, including when compensation from the initial injury may still be relevant.

  15. Electronic submission of Form 28 is not allowed.
  16. Modernizing administrative procedures often includes electronic submissions. While the form includes a mailing address, it's advisable to check the current regulations or with the Industrial Commission for permissible submission methods, including digital.

  17. Form 28 negates the need for any further action from the employer.
  18. Submitting Form 28 is part of the ongoing management of a worker's compensation claim but doesn't necessarily fulfill all obligations. Employers must remain vigilant in managing the claim, including further documentation and communication with the employee.

  19. Form 28 is the final step in the compensation process.
  20. This form represents a significant step, particularly for employees returning to work, but it's not the 'end' of the process. Compensation, especially if modified due to return to work, requires continuous evaluation and potentially additional documentation if circumstances change again.

Key takeaways

Here are the key takeaways about filling out and using the North Carolina 28 form, which is vital for documenting the process of an employee's return to work after an injury:

  • The North Carolina 28 form is essential under the Workers' Compensation Act, specifically designed for cases where an employee returns to work after a work-related injury.
  • It's mandatory for the employer or carrier/administrator to complete this form when the employee is returning to work but not on a trial return to work basis.
  • If an employee is returning under a trial return to work as per N.C. Gen. Stat. § 97-32.1, the appropriate form to use would be Form 28T, not the North Carolina 28 form.
  • Important Notice To Employee: The form indicates that disability compensation will cease because the employee has returned to work. However, employees have the right to a trial return to work for up to nine months.
  • During the trial return to work, employees may be entitled to partial disability compensation if they earn less than they did before their injury.
  • In cases where the trial return to work is unsuccessful, employees are encouraged to fill out form 28U to request reinstatement of their compensation.
  • The form requires details about the injury, including the date of injury, the date disability began, and the date the employee returned to work. Additional information is needed if the employee returns at reduced wages or for a different employer.
  • After completing the form, the employer or carrier/administrator must send the original to the NCIC Claims Section, with copies provided to the employee and the employee’s attorney of record, if applicable.

This careful documentation ensures both the employee's and employer’s rights and responsibilities are clear, facilitating a smoother transition back to the workplace after an injury.

Please rate Blank North Carolina 28 PDF Form Form
4.71
Top-notch
185 Votes