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At the heart of North Carolina's commitment to supporting workers injured on the job lies the North Carolina 60 form, a key document under the Workers' Compensation Act. This form serves as a crucial piece of communication issued by employers or their insurance carriers, acknowledging an employee's entitlement to compensation following a workplace injury or illness. The form is meticulously designed to include detailed sections that enlist the specifics of the incident, such as the type of injury or occupational disease, the body parts involved, and the date of the occurrence. Moreover, it provides an overview of the compensation plan, encapsulating the employee's average weekly wage, the compensation rate, and any temporary total or partial compensation being paid. Furthermore, the form ensures transparency by requiring detailed contact information for all involved parties and sets out clear instructions for both defendants and employees regarding the admission of liability and the process for compensation. Additionally, the form emphasizes the importance of compliance with reporting and documentation protocols to avoid penalties, echoing the statute's intention to foster a fair and expedient process for handling workers' compensation claims. By mandating the use of this form, North Carolina underscores its dedication to protecting the rights of workers while also providing a structured framework for employers and insurance carriers to fulfill their obligations under the law.

Sample - North Carolina 60 Form

NORTH CAROLINA INDUSTRIAL COMMISSION

IC File #

EMPLOYERS ADMISSION OF EMPLOYEES RIGHT TO

COMPENSATION (G.S. §97-18(B))

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

 

 

 

 

 

Employer’s Name

 

 

 

Telephone Number

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Address

 

 

 

 

 

 

Employer’s Address

City

 

 

State

Zip

 

 

 

 

 

 

 

 

 

 

 

 

 

 

City

 

State

 

Zip

Insurance Carrier

Policy Number

 

 

( )

-

 

(

)

-

 

 

 

 

 

 

 

 

 

 

Home Telephone

 

Work Telephone

 

Carrier’s Address

City

 

 

State

Zip

 

-

-

M

F

/

/

 

( )

-

( )

-

 

 

 

 

Social Security Number

Sex

 

Date of Birth

 

Carrier’s Telephone Number

Fax Number

 

 

 

TO DEFENDANTS: Describe with particularity the body part(s) or condition(s) for which you are admitting liability and compensability.

TO EMPLOYEE: Your employer admits your right to compensation for an

injury by accident on /

/

(date) (Specify body part(s) involved):

 

 

 

 

 

occupational disease on

/ /

 

(date) (Specify condition(s) and body part(s) involved):

THE FOLLOWING ITEMS 1 THROUGH 4 ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE AN AGREEMENT:

1.The description of the injury or occupational disease, including body parts involved is:

2.The employee was paid for the entire day of injury.

Yes

No

3.

The employee's average weekly wage, subject to verification, including overtime and all allowances, was $

, which results

 

in a weekly compensation rate of $

 

.

 

 

 

 

 

 

 

 

 

 

 

a. Temporary total compensation is being paid at the compensation rate above.

 

 

 

b. Temporary partial compensation is being paid in the amount of $

.

 

 

 

 

 

 

c. Other:

 

 

 

 

 

 

 

 

 

 

 

 

 

4.

The disability resulting from the injury began on / /

(date), and compensation commenced on / /

 

(date).

 

 

 

 

 

 

 

 

 

/

 

/

SIGNATURE OF EMPLOYER OR CARRIER/ADMINISTRATOR

 

 

TITLE

DATE

EMPLOYER: Failure to file Form 28B, Report of Compensation and Medical Compensation Paid, within 16 days after last payment pursuant to an agreement or award subjects employer or carrier/administrator to a penalty pursuant to N.C. Gen. Stat. §97-18(h). Form 30 must be used for compensable injuries resulting in death. A copy of this Form 60 shall be provided to the employee and the employee's attorney of record, if any, and the original provided to the Industrial Commission at the address below.

 

 

SELF-INSURED EMPLOYER OR CARRIER MAIL TO:

FORM 60

 

NCIC - CLAIMS ADMINISTRATION

8/1/08

 

4335 MAIL SERVICE CENTER

PAGE 1 OF 1

FORM 60

RALEIGH, NORTH CAROLINA 27699-4335

 

MAIN TELEPHONE: (919) 807-2500

 

 

HELPLINE: (800) 688-8349

 

 

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

Form Attributes

Fact Name Description
Form Designation NORTH CAROLINA INDUSTRIAL COMMISSION IC File # EMPLOYER’S ADMISSION OF EMPLOYEE’S RIGHT TO COMPENSATION (G.S. §97-18(B))
Required Usage This form is mandated under the provisions of The Workers' Compensation Act for employers in North Carolina.
Governing Law G.S. §97-18(B)
Main Purpose To formally acknowledge an employee's right to compensation due to an injury by accident or occupational disease.
Information Provided Description of the injury or disease, employee's average weekly wage, compensation rate, and tracking of compensation payments.
Employer's Responsibilities Employers must provide detailed descriptions of the body part(s) or condition(s) admitted for liability and compensability.
Penalty for Non-Compliance Failure to file Form 28B within 16 days after the last payment under an agreement or award subjects the employer or carrier/administrator to penalties under N.C. Gen. Stat. §97-18(h).
Form 30 Reference For compensable injuries resulting in death, Form 30 is required instead of Form 60.
Distribution Requirement A copy of this form must be provided to the employee and their attorney, if any, with the original sent to the Industrial Commission.

Steps to Writing North Carolina 60

Filling out the North Carolina 60 form is a legally binding act, signifying the employer's acknowledgment of an employee's right to workers' compensation due to an injury or occupational disease. Filing this form correctly is critical for initiating the process of an employee's compensation claim. It involves providing detailed information about the injury or disease, the employment, and the insurance policy in place, which requires careful attention to detail. To ensure this procedure is completed accurately, a step-by-fast-step approach is recommended.

  1. Start by entering the IC File #, given at the top of the form, if known. If not, this can be left blank and filled out by the Industrial Commission.
  2. Fill in the Emp. Code # and Carrier Code #, along with the Carrier File # in the designated spaces.
  3. Enter the employer's Federal Employer Identification Number (FEIN) in the indicated field.
  4. Provide the full name of the employee and the name of the employer in the respective sections.
  5. Include the employer's and employee's telephone numbers and addresses, filling in all the requested details such as city, state, and zipcode.
  6. For the employee details, specify the Social Security Number, Sex, Date of Birth, and if applicable, both home and work telephone numbers.
  7. Document the insurance carrier's information, including the policy number, address, and contact numbers (telephone and fax).
  8. In the sections directed to defendants and employees, describe in detail the body part(s) or condition(s) for which liability and compensability are admitted. Include specific dates of injury or diagnosis for occupational diseases.
  9. Mark the appropriate response regarding whether the employee was paid for the entire day of injury.
  10. Calculate and enter the employee's average weekly wage and resulting weekly compensation rate, along with the type of compensation being paid out.
  11. Indicate the date the disability resulting from the injury began and the date compensation commenced.
  12. The employer or carrier/administrator must sign and date the form, providing their title alongside the signature.
  13. Remember, this form should be copied and provided to the employee and the employee's attorney, if any. The original form must be mailed to the Industrial Commission at the given address.
  14. Also, be mindful of the requirement to file Form 28B within 16 days after the last payment pursuant to an agreement or award, to avoid any penalties.

Completing the North Carolina 60 form with accuracy is crucial for both the employee's rights and the employer's obligations. This document sets the stage for compensation proceedings, making it imperative for the employer or the carrier/administrator to ensure every detail is noted meticulously. Delivering the form to the appropriate parties and the Industrial Commission not only meets legal requirements but also facilitates a smoother process for the employee seeking compensation. It is a key step in ensuring the welfare of the workforce and compliance with state laws governing workers' compensation.

Listed Questions and Answers

What is the North Carolina Form 60?

The North Carolina Form 60, officially titled "Employer’s Admission of Employee’s Right to Compensation," is a document used within the state's Workers' Compensation system. Its primary function is for employers to acknowledge an employee's right to receive compensation for an injury or occupational disease that occurred in the context of their employment. This form confirms that the employer or its insurance carrier admits the employee's claim and provides crucial details about the nature of the injury or disease, including specific body parts affected and the type of compensation being offered.

When should Form 60 be filed with the North Carolina Industrial Commission?

Form 60 must be filed by the employer or their insurance carrier after they have decided to accept an employee's claim for workers' compensation benefits as valid. This form is part of the initial administrative process in the workers' compensation claim, serving as a formal admission of the employee’s right to compensation. It is crucial for initiating the payment process for benefits. The exact timing for submission can vary based on the specifics of the claim, but generally, it should be submitted promptly after the decision to accept the claim has been made, to avoid delays in the employee receiving their benefits.

What information is required on Form 60?

The following information is essential when completing Form 60:

  1. Employer and Employee Details: Names, addresses, and contact information for both the employer and the injured or ill employee.
  2. Injury or Disease Description: A detailed description of the injury or occupational disease for which the employer is admitting liability, including specific body parts involved.
  3. Compensation Details: Information about the employee’s average weekly wage, the weekly compensation rate, and the type of compensation being provided (e.g., Temporary total, Temporary partial).
  4. Disability and Payments: Dates marking the beginning of the disability and the commencement of compensation payments.

Additionally, both the employer or carrier/administrator's signature and the filing date must be included.

What happens after Form 60 is filed?

Once Form 60 is filed with the North Carolina Industrial Commission, several steps follow:

  • The acknowledgment of the claim by the employer triggers the start of compensation payments to the employee, as described in the form.
  • The employee and their attorney, if they have one, receive a copy of the submitted Form 60, ensuring all parties are informed of the acceptance and terms of the claim.
  • The employer or insurance carrier is expected to commence compensation payments from the date specified in Form 60.
  • In circumstances where compensation is later disputed or needs to be adjusted, further documentation and forms may be required by the Industrial Commission.

Are there penalties for not filing Form 60?

Yes, the North Carolina Workers' Compensation Act mandates the timely filing of Form 60 to ensure employees swiftly receive the benefits they are entitled to. Failure to file this form, or late filing, can result in penalties against the employer or their insurance carrier. These penalties are enforced to encourage prompt and fair treatment of workers' compensation claims and to dissuade negligence in handling these matters. Detailed consequences of late or non-filing are outlined in N.C. Gen. Stat. §97-18(h), emphasizing the importance of adherence to procedural timelines by employers and insurance carriers.

Common mistakes

Filling out the North Carolina Form 60 correctly is crucial for ensuring that employees receive their rightful workers' compensation benefits without unnecessary delay or confusion. However, several common mistakes often hinder the process:

  1. Incorrect Information: One of the primary issues arises when individuals provide inaccurate information. This could be anything from misspelled names to incorrect employer details or policy numbers. Ensuring that every detail matches official records is essential.
  2. Omission of Details: Another frequent slip-up is leaving sections incomplete. Particularly, the sections requiring a detailed description of the injury, occupational disease, and the parts of the body affected. Detailed specifics are necessary for a comprehensive understanding of the case.
  3. Failure to Verify Average Weekly Wage: The form asks for the employee's average weekly wage, including overtime and any allowances, to calculate the weekly compensation rate. Omitting this verification or providing a rough estimate can result in incorrect compensation calculations, affecting the benefits an employee receives.
  4. Delays in Submission: Timeliness is crucial in the submission of Form 60. Delayed submission can result in penalties, as mentioned in the document itself, and can also delay the compensation process for the employee. Both the employer and the insurance carrier need to ensure that the form is filled out correctly and submitted promptly.

When completing the form, it's imperative to avoid these mistakes:

  • Double-check every piece of information for accuracy before submission.
  • Ensure no sections are left blank, providing all required details comprehensively.
  • Verify calculations, especially concerning the employee's average weekly wage and corresponding compensation rate.
  • Keep track of all deadlines to prevent any unnecessary delays in the submission process.

Adhering to these guidelines ensures a smoother process for all parties involved and helps facilitate the timely delivery of workers' compensation benefits.

Documents used along the form

When handling workers' compensation claims in North Carolina, professionals often rely on a suite of documents in conjunction with the North Carolina Industrial Commission's Form 60. Each form serves a unique purpose, aiding in the submission, processing, and resolution of claims under the Workers' Compensation Act.

  • Form 18: Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for Workers’ Compensation. This form is the initial report made by an employee (or their representative) to notify the employer of a work-related injury or occupational disease.
  • Form 19: Report of Employee’s Injury or Occupational Disease to the Employer. Employers use this form to report a worker’s injury or occupational disease to the North Carolina Industrial Commission.
  • Form 28: Memorandum of Agreement as to Payment of Compensation. This agreement between the employee and employer (or insurance carrier) outlines the terms of compensation for the injury or disease.
  • Form 28B: Report of Compensation and Medical Compensation Paid. Employers or carriers/administrators report compensation payments made to the employee with this form.
  • Form 30: Agreement for Compensation for Death. This form is used when an injury results in the employee’s death, detailing the compensation agreement for the dependents.
  • Form 33: Request that Claim be Assigned for Hearing. Either party can file this request for a formal hearing before the Industrial Commission to resolve disputes.
  • Form 25N: Notice to the Industrial Commission of Assignment of Rehabilitation Professional. Employers or insurers submit this form when assigning a rehabilitation professional to an injury case.
  • Form 25T: Itemized Statement of Charges for Travel. This form allows employees to seek reimbursement for travel expenses related to medical treatment.
  • Form 22: Statement of Days Worked and Earnings of Employee. Employees use this form to document work and earnings after an injury for wage loss compensation.
  • Form 26A: Notice to the Industrial Commission of Final Payment of Compensation. Employers or carriers/administrators use this form to notify the commission of the final compensation payment to the employee.

Each document integrates into the process of navigating workers' compensation claims, offering structured communication and evidence submission for all parties involved. Professionals handling these cases should familiarize themselves with each document's requirements and deadlines to ensure efficient and compliant claims processing.

Similar forms

The Form 19, also known as the "Report of Injury to Employee," is one document that shares similarities with the North Carolina Industrial Commission’s Form 60. Both forms are pivotal within the context of workers’ compensation claims in North Carolina. While the Form 60 focuses on the employer’s acknowledgment of an employee's right to compensation, Form 19 serves as an initial report detailing the employee's injury or occupational disease. Both forms require information regarding the injury or disease and are critical steps in the process to ensure that the injured employee receives proper compensation and benefits. Moreover, the prompt filing of these forms with the North Carolina Industrial Commission is crucial for compliance with state regulations and for the timely processing of claims.

Form 18, titled "Notice of Accident to Employer and Claim of Employee, Representative, or Dependent," closely resembles the nature of the Form 60 in its functional role in the workers’ compensation process. It is designed for use by employees to officially notify their employer of an injury or occupational disease sustained in the course of employment, intending to claim benefits. Similar to Form 60, which records the employer’s admission of liability, Form 18 initiates the claim process from the employee’s perspective. Both documents facilitate the legal and procedural steps necessary for recognizing and compensating workplace injuries or diseases, thereby ensuring employees are supported in their recovery and rehabilitation efforts.

The Form 28B, known as "Report of Compensation and Medical Compensation Paid," also mirrors certain aspects of Form 60 due to its integral role in the continuation of the workers’ compensation process. While Form 60 documents the employer's initial admission of liability for the employee's claim, Form 28B is utilized to report subsequent compensation and medical expenses incurred as a result of the approved claim. This ensures ongoing compliance with the North Carolina Workers’ Compensation Act by providing transparency and accountability for the amounts paid to or on behalf of the injured employee, thereby facilitating proper oversight and administration of benefits.

Another document, Form 30, "Agreement for Compensation for Death," is associated with Form 60 through its coverage of workers' compensation claims; however, it specifically addresses compensable injuries resulting in death. Although Form 60 is used by employers to admit liability for an employee’s compensable injury or occupational disease, Form 30 comes into play when such injuries or diseases tragically result in the employee’s death. This document is essential for formalizing the compensation agreement between the deceased employee's estate and the employer or insurance carrier, ensuring support for the dependents left behind. Both forms are crucial for upholding the rights and benefits entitled to employees and their families under the North Carolina Workers’ Compensation Act.

Lastly, the Form 61, "Denial of Workers’ Compensation Claim," serves as a counterpoint to Form 60, offering a comprehensive perspective on the adjudication process. Form 60 represents the employer’s admission of an employee’s right to compensation, while Form 61 is used when an employer or insurance carrier denies a claim for workers’ compensation benefits. This denial could be based on various reasons, including the employer's belief that the injury is not work-related. Although these documents serve opposite purposes, they are inherently connected as they dictate the next steps in the dispute resolution process and significantly impact an injured worker’s ability to receive benefits and support.

Dos and Don'ts

Filling out the North Carolina 60 Form correctly is crucial for ensuring smooth processes in workers' compensation claims. To help, here's a list of things you should and shouldn't do when completing this form:

  • Do make sure you have all the required information before starting to fill out the form. This includes employer and employee details, insurance carrier information, and specifics of the injury or occupational disease.
  • Do describe the injury or occupational disease and the body parts involved with as much specificity as possible. Ambiguous descriptions can lead to unnecessary complications.
  • Do double-check the calculation of the employee's average weekly wage and the resulting compensation rate. Errors here can affect the amount of compensation due.
  • Do provide accurate dates for the injury, commencement of disability, and start of compensation. Accurate timelines are critical for compliance and for the injured employee's records.
  • Don't leave sections incomplete. If a section does not apply, make sure to indicate this appropriately rather than leaving it blank.
  • Don't forget to sign and date the form. Unsigned or undated forms may be returned or considered invalid, delaying the process.
  • Don't neglect to provide copies to all required parties. The employee, their attorney (if applicable), and the Industrial Commission must all receive the appropriate documentation.
  • Don't delay in submitting the form. Timeliness is important in workers' compensation cases to avoid penalties and to ensure prompt resolution for the injured employee.

By following these guidelines, you can help ensure that the North Carolina 60 Form is filled out accurately and submitted properly, facilitating a smoother process for all parties involved.

Misconceptions

The North Carolina Industrial Commission's Form 60 is surrounded by misconceptions. This form plays a crucial role in the Workers' Compensation claims process, yet misunderstandings persist. Here, we will clarify some of the most common misconceptions.

  • Misconception 1: The use of Form 60 is optional for employers when admitting liability for an employee's workers' compensation claim.

    Fact: The use of Form 60 is actually required under the provisions of the Workers' Compensation Act when an employer admits liability for an employee's injury or occupational disease.

  • Misconception 2: Form 60 only needs to be filed with the employer's insurance carrier.

    Fact: The original Form 60 must be provided to the North Carolina Industrial Commission, the employee, and the employee's attorney of record (if applicable), emphasizing the form's role in the official record and notification process.

  • Misconception 3: Form 60 covers all types of workers' compensation claims, including those resulting in death.

    Fact: Form 60 is not used for compensable injuries resulting in death. In those cases, Form 30 must be used, highlighting the specific protocols for different outcomes of workplace injuries or diseases.

  • Misconception 4: Signing Form 60 constitutes a final agreement on the compensation amount and conditions.

    Fact: The items provided on Form 60 for information regarding compensation and disabilities do not constitute an agreement. They are informational and subject to verification and future determinations by the Industrial Commission.

  • Misconception 5: Once Form 60 is submitted, no further action is required by the employer.

    Fact: Employers are also required to file Form 28B, Report of Compensation and Medical Compensation Paid, within 16 days after the last payment pursuant to an agreement or award. Failure to do so can result in penalties, ensuring ongoing responsibilities beyond the initial submission.

  • Misconception 6: Form 60 is a detailed medical form that requires input from healthcare providers.

    Fact: While Form 60 does ask for descriptions of the injury or disease and body parts affected, it is primarily a legal document admitted by employers or carriers/administrators, not a medical form filled out by healthcare providers.

  • Misconception 7: Any employee can be issued a Form 60 regardless of their employment status or nature of their injury.

    Fact: Form 60 is specific to employees who have suffered an injury by accident or an occupational disease under conditions that the employer admits are compensable under the North Carolina Workers' Compensation Act. Not all injuries or conditions necessarily qualify, emphasizing the importance of the Act's definitions and requirements.

Understanding the correct use and requirements of Form 60 is crucial for both employers and employees involved in the workers' compensation claims process. Clearing up these misconceptions ensures that all parties are better prepared to navigate their responsibilities and rights under North Carolina's Workers' Compensation Act.

Key takeaways

Understanding and accurately completing the North Carolina Form 60 is crucial for both employers and employees navigating through workers' compensation claims. Here are six key takeaways:

  • The Form 60 is essential for employers to officially recognize an employee's right to workers' compensation benefits following an injury or diagnosis of an occupational disease.
  • It requires detailed information from both parties, including employer and insurance carrier details, as well as specific information about the employee and the injury or disease. Accuracy in filling out this form is paramount.
  • Employers must specify the body part(s) or condition(s) for which they are admitting liability. This admission is crucial for establishing the basis of the compensation claim.
  • The form includes sections for outlining compensation details such as the employee's average weekly wage, the weekly compensation rate, and the type of compensation being paid. These figures should be calculated with care to ensure correct compensation.
  • Filing Form 60 serves a dual purpose: it informs the employee of their acknowledged right to compensation, and it is also a necessary step for employers and carriers to avoid penalties by ensuring compliance with the North Carolina Workers’ Compensation Act.
  • Lastly, a copy of this form must be provided to the employee and, if applicable, their attorney. The original should be sent to the North Carolina Industrial Commission. Timely submission is critical to maintain compliance and facilitate the claims process.

Remember, filling out the Form 60 accurately and comprehensively not only helps in streamlining the workers' compensation process but also aids in protecting the rights and benefits of injured employees. Therefore, it's important for employers to familiarize themselves with the requirements of this form and ensure its correct completion and submission.

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