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In the realm of workers' compensation in North Carolina, robust mechanisms have been put in place to ensure transparent and fair dealings between employees and insurers or employers, especially when it comes to reporting earnings while receiving benefits. At the heart of this system is the North Carolina 90 form, mandated by the Workers' Compensation Act, which is designed to periodically verify an employee's eligibility for continued workers' compensation benefits while updating records. It requires detailed reporting from the employee about any earnings they may have received during a specified period, including but not limited to wages, salaries, commissions, and bonuses from any form of employment or self-employment, with clear instructions that any earnings, even those not in cash form, must be reported. Strict guidelines accompany the completion and submission of the form, emphasizing the consequences of failing to do so in a timely manner, which could result in suspension of benefits. Additionally, the form ensures that all parties are aware of the legal implications of false statements or failure to disclose earnings, aiming to prevent fraudulent claims and maintain the integrity of the workers' compensation system. The exchange detailed in the form encapsulates both a verification tool and a legal document, reminding all parties involved of their responsibilities and the seriousness of the workers' compensation process in North Carolina.

Sample - North Carolina 90 Form

NORTH CAROLINA INDUSTRIAL COMMISSION

IC File #

REPORT OF EARNINGS

Emp. Code #

Carrier Code #

Carrier File #

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

(EMPLOYER/INSURANCE CARRIER TO COMPLETE THIS SECTION)

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

 

To Employees: The Employer/Insurance Carrier periodically needs to verify your continuing eligibility for workers' compensation benefits and to update their records. You are required to complete Page 2 of this Report of Earnings and return it to the insurer or employer address provided on page 2 of this form within 15 days after receipt of this form, even if you have no earnings.

**YOUR WORKERS' COMPENSATION BENEFITS MAY BE SUSPENDED IF YOU FAIL

TO COMPLETE THIS REPORT IN A TIMELY MANNER.**

NOTICE TO EMPLOYEES RECEIVING WORKERS' COMPENSATION

When you are receiving weekly workers' compensation benefits, YOU MUST REPORT ANY EARNINGS YOU RECEIVE TO THE INSURANCE CARRIER (OR EMPLOYER IF THE EMPLOYER IS SELF-INSURED) THAT IS PAYING YOU THE BENEFITS. "Earnings" include any cash, wages or salary received from self-employment or from any employment other than the employment where you were injured. Earnings also include commissions, bonuses, and the cash value for all payments received in any form other than cash (e.g., a building custodian receiving a rent-free apartment). Commissions, bonuses, etc., earned before your disability do not constitute earnings that must be reported.

You must report any work in any business, even if the business lost money or if profits or income were reinvested or paid to others.

Your endorsement on a benefit check or deposit of the check into an account is your statement that you are entitled to receive workers' compensation benefits. Your signature on a benefit check is a further affirmation that you have made no false claims or statements or concealed any material fact regarding your right to receive workers' compensation benefits.

MAKING FALSE STATEMENTS FOR THE PURPOSE OF OBTAINING WORKERS' COMPENSATION BENEFITS

MAY RESULT IN CIVIL AND CRIMINAL PENALTIES.

TIME PERIOD COVERED BY THIS REPORT: ___________________ to _____________________

(Employer/Insurance Carrier must complete)

FORM 90 2/01

PAGE 1 OF 2

FORM 90

NORTH CAROLINA INDUSTRIAL COMMISSION

4340 MAIL SERVICE CENTER

RALEIGH, NORTH CAROLINA 27699-4340

MAIN TELEPHONE: (919) 807-2500

HELPLINE: (800) 688-8349

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

EMPLOYEE: COMPLETE SECTION BELOW

(1) Did you receive earnings from work during the time period

indicated on Page 1?

YES

NO

(2) Did you work for a business or any person during that time

period?

YES

NO

(3)If you answered NO to both questions 1 and 2, sign and return the form to the insurance carrier or to the individual identified by the insurance carrier or employer listed below.

(4)If you answer YES to either question, complete item 5 below, sign and return the form to the insurance carrier or to the individual identified by the insurance carrier or employer listed below. For the purposes of this statement, “Gross Earnings” include all pre-tax earnings, bonuses, commissions, and/or the cash value of any payment received in any form other than cash.

(5)1st Employer or Business Name (include self-employment):

Location:

Dates worked:

Gross Earnings:

Next Employer or Business Name (include self-employment):

Location:

Dates worked:

Gross Earnings:

Attach additional page(s) if necessary.

Employee Signature:

 

Date:

 

.

(Required)

NOTICE TO EMPLOYEE:

1.Failure to report earnings as defined herein may subject you to criminal prosecution and civil liability including the suspension or forfeiture of your benefits. This form must be signed and returned to the insurance carrier listed below even if you have no earnings.

2.If the Commission suspends benefits for failure to complete and return a Form 90 Report of Earnings, the self-insured employer, insurance carrier or third party administrator shall immediately reinstate benefits to the employee with back payment as soon as the Report of Earnings is submitted by the employee.

3.If benefits are not immediately reinstated, the employee should submit a written request for an Order from the Executive Secretary instructing the employer or insurance carrier to reinstate benefits. An application for reinstatement of benefits should be addressed to North Carolina Industrial Commission, Office of the Executive Secretary, 4333 Mail Service Center, Raleigh, NC 27699-4333.

Insurance carrier or Employer must list the name and address below of the person to whom this form must be returned and mail this form to the employee by certified mail return receipt requested, and include a self-addressed stamped envelope for the return of the Form.

Name:

 

 

 

.

Address:

 

 

 

.

 

 

City

State

Zip

 

 

 

 

 

 

 

NOTICE TO INSURER OR EMPLOYER:

Any person who willfully makes a false statement or representation of a material fact for the purpose of denying or assisting another in denying any benefit or payment under the Workers’ Compensation Act shall be guilty of a Class 1 misdemeanor if the amount at issue is less than $1000. Violation is a Class H felony if the amount at issue exceeds $1000. Any person who threatens an employee with criminal prosecution under the provisions of the Act for the purpose of coercing or attempting to coerce an employee into agreeing to compensation under the Act shall be guilty of a Class H felony.

FORM 90 2/01

PAGE 2 OF 2

FORM 90

NORTH CAROLINA INDUSTRIAL COMMISSION

4340 MAIL SERVICE CENTER

RALEIGH, NORTH CAROLINA 27699-4340

MAIN TELEPHONE: (919) 807-2500

HELPLINE: (800) 688-8349

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

Form Attributes

Fact Name Detail
Governing Law The North Carolina Workers' Compensation Act
Form Purpose To verify the continuing eligibility for workers' compensation benefits of an employee
Completion Requirement Must be completed and returned within 15 days after receipt, even if the employee has no earnings
Benefit Suspension Warning Failure to complete and return the form in a timely manner may lead to suspension of workers' compensation benefits
Earnings Reporting Any earnings, including cash, wages, salary, commissions, and bonuses from other employments must be reported
Reinstatement of Benefits If benefits are suspended due to failure to submit Form 90 and are later submitted, benefits must be immediately reinstated with back payment
False Statement Penalties Making false statements for the purpose of obtaining benefits can result in civil and criminal penalties
Contact Information North Carolina Industrial Commission is the overseeing body, with detailed contact information provided for assistance

Steps to Writing North Carolina 90

Filling out the North Carolina 90 form is an important step for employees receiving workers' compensation benefits to continue receiving their entitlements. This process helps verify your eligibility for these benefits and ensures that records are up to date. The form requires you to report any earnings you might have received apart from the workers' compensation. It's crucial to fill out and return this form properly to avoid the suspension of your workers' compensation benefits.

  1. Begin by checking if the employer or insurance carrier has filled out the top section of the first page, including the time period covered by the report.
  2. Answer question (1): Check YES or NO to indicate whether you received earnings from work during the indicated time frame.
  3. Answer question (2): Check YES or NO to state whether you worked for a business or any person during that time period.
  4. If you answered NO to both questions (1) and (2), sign the bottom of the form, date it, and proceed to step 7.
  5. If you answered YES to either question (1) or (2), complete item 5 as follows:
    • Provide the name(s) and location(s) of your employer or business, including self-employment.
    • List the dates you worked during the specified period.
    • Enter your Gross Earnings for each employer or business.
    • If necessary, attach additional page(s) to report multiple employers or businesses.
  6. Sign and date the form at the bottom of the second page to affirm the accuracy of the information provided. Your signature also certifies that you understand the consequences of failing to report earnings or providing false information.
  7. Return the completed form to the insurance carrier or the individual identified by the insurance carrier or employer. Use the address provided on the form, and remember to enclose it in the self-addressed stamped envelope if one was provided.

After submitting the form, it is essential to keep a copy for your records. Timely submission helps ensure that your workers' compensation benefits continue without interruption. If there are any issues with your submission or if benefits are not reinstated as expected, you may need to contact the North Carolina Industrial Commission for assistance.

Listed Questions and Answers

What is the North Carolina 90 form?

The North Carolina 90 form is a document utilized by the North Carolina Industrial Commission to track the earnings of individuals receiving workers' compensation benefits. The form requires employees to report any income received during a specified time period, which includes wages from employment, self-employment, and other forms of compensation like bonuses and commissions.

Why do I need to complete the North Carolina 90 form?

Completion of the North Carolina 90 form is mandatory under the Workers' Compensation Act for individuals receiving workers' compensation benefits. The form verifies your continuing eligibility for these benefits and updates the employer or insurance carrier on your income status. Failure to return the completed form within the stipulated time frame may result in the suspension of your workers' compensation benefits.

What happens if I do not complete the form?

If you do not complete and return the North Carolina 90 form within 15 days of receipt, your workers' compensation benefits may be suspended. This is because the form is critical for verifying ongoing eligibility for benefits based on current earnings.

What should I include as earnings on the form?

Earnings to be reported on the form include:

  • Wages or salaries from employment and self-employment
  • Commissions and bonuses
  • The cash value of non-monetary payments (e.g., a rent-free apartment)

It is important to note that commissions, bonuses, and similar earnings acquired before your disability do not need to be reported.

What if I am not currently earning any income?

If you have not received any earnings during the time period specified on Page 1 of the form, you still must sign and return the form to the listed insurance carrier or employer. This verifies that you had no reportable earnings during that period.

What are the consequences of making false statements on the form?

Providing false information or failing to disclose reportable earnings on the North Carolina 90 form can result in civil and criminal penalties. This may include the suspension or forfeiture of your workers' compensation benefits, as well as potential criminal charges depending on the severity of the offense.

How can I reinstate my benefits if they are suspended for not completing the form?

If your benefits are suspended due to failure to complete and return the form, the employer or insurance carrier is required to reinstate your benefits with back payment as soon as the completed form is received. If benefits are not reinstated immediately, you can request an order from the Executive Secretary of the North Carolina Industrial Commission to have them reinstated.

Where do I send the completed North Carolina 90 form?

The completed form should be sent to the insurance carrier or employer. The specific individual and address where the form should be returned is listed on Page 2 of the form. Employers or insurers often provide a self-addressed stamped envelope with the form for convenience in returning it.

Common mistakes

Filling out the North Carolina 90 form is key to ensuring continuous workers' compensation benefits. However, mistakes can jeopardize these benefits. Here are nine common mistakes people make when completing this form:

  1. Not reporting all earnings, including cash, wages, salaries from self-employment, commissions, bonuses, and the cash value of payments received in any form other than cash. This misstep can lead to legal consequences.
  2. Overlooking earnings from sources other than the employment where the injury occurred. All sources of income must be disclosed, not just from the employer where the injury took place.
  3. Failing to include additional pages for multiple employers or sources of earnings. If space on the form is insufficient, attaching additional pages is necessary to provide complete information.
  4. Omitting the dates worked for each employer or business, which are crucial to determine eligibility within the specific reporting period.
  5. Not accurately calculating or reporting gross earnings. Gross earnings should include all pre-tax earnings and are essential for the accurate assessment of benefits.
  6. Delaying the return of the completed form within the 15-day deadline after receipt. Timeliness is critical to avoid suspension of benefits.
  7. Submitting the form without the required signature. An unsigned form is considered incomplete and can lead to a suspension of benefits.
  8. Ignoring the form because the employee believes they have no earnings to report. The form must be returned even if the employee did not receive any earnings during the reporting period.
  9. Not utilizing the included self-addressed stamped envelope for the return of the form, risking the form not being recognized as returned or delaying its processing.

Awareness and avoidance of these pitfalls are crucial for maintaining workers' compensation benefits. Accurate and timely completion of the North Carolina 90 form not only ensures compliance but also protects one's rights under the workers' compensation act.

Documents used along the form

When navigating the process of workers' compensation in North Carolina, utilizing the North Carolina 90 form is a fundamental step for individuals verifying their earnings during the period they are receiving benefits. Besides this vital document, there are several other forms and documents that frequently accompany the North Carolina 90 form, aiding both employees and employers in ensuring compliance with the Workers' Compensation Act. Understanding these accompanying documents can streamline the process and ensure all necessary information is accurately conveyed.

  • Form 18: This is the initial document an employee should file with the North Carolina Industrial Commission to report a work-related injury or illness. It serves as a notice of accident to the employer and application for compensation.
  • Form 19: Employers use this form to report a work-related injury or illness to the North Carolina Industrial Commission. It provides detailed information about the incident and the injured employee's work status.
  • Form 22: This statement of days worked and earnings of the injured employee is crucial for calculating compensation. It requires detailed employment information over a specific period.
  • Form 24: Employers or insurance carriers submit this application to the Industrial Commission to terminate or modify workers' compensation benefits. It is often used when there is a dispute about the continuation of benefits.
  • Form 28: This memorandum of agreement between the injured employee and employer or insurance carrier acknowledges the employee’s entitlement to benefits following a work-related injury.
  • Form 33: Employees or their representatives use this request to request a hearing before the North Carolina Industrial Commission if there is a dispute regarding the claim.
  • Form 60: Employers or insurance carriers utilize this form to admit the employee’s right to compensation for a work-related injury or illness. It officially starts the payment of benefits.
  • Form 61: This denial notice is issued by employers or insurance carriers when they decide to contest the worker's claim for compensation. It outlines the reasons for the denial.
  • Form 62: Filed by the employer or insurance carrier, this form indicates changes in the payment of compensation previously admitted on a Form 60 or agreed upon in a Form 21 or 26 agreement.

Together, these documents form a comprehensive framework for managing and communicating about workers' compensation claims within North Carolina. They ensure that all parties are duly informed and that the rights and responsibilities under the Workers' Compensation Act are upheld. By familiarizing themselves with these forms, employees and employers can navigate the sometimes complex waters of workers' compensation with greater ease and confidence.

Similar forms

The North Carolina 90 form, essential for reporting earnings for workers' compensation cases, shares similarities with the First Report of Injury or Illness form. Both documents are instrumental in the workers' compensation process, initiating the claim. While the North Carolina 90 form collects information on earnings post-injury to ensure correct compensation, the First Report of Injury or Illness captures initial injury details to start the claim. Their mutual goal is to ensure accurate reporting for fair benefit distribution.

Similar to the Wage Statement used in other states, the North Carolina 90 form plays a crucial role in documenting an employee's earnings. The Wage Statement often requires detailed earnings information before an injury, aiding in determining benefit amounts. Conversely, the North Carolina 90 form focuses on earnings during the recovery period to adjust or continue benefits. Both documents are pivotal in calculating appropriate compensation based on earnings.

The Employee’s Claim for Workers' Compensation Benefits is another document bearing similarities to the North Carolina 90 form. This claim form is more comprehensive, requesting injury details, treatment information, and work status. While the North Carolina 90 form specifically addresses earnings during the benefit period, both forms are integral to substantiating an employee's entitlement to workers' compensation benefits.

The Pre-Hearing Agreement form, commonly used in workers' compensation proceedings, also parallels the North Carolina 90 form. It outlines the issues agreed upon by both parties before a hearing, often including earnings and compensation. The North Carolina 90 form's focus on reporting earnings aligns with the agreement's objective to clarify compensation-related matters pre-hearing, facilitating smoother dispute resolution.

Another comparable document is the Return to Work form, which employees fill out when they can resume work post-injury, whether in a full or limited capacity. This form, like the North Carolina 90, collects critical information affecting workers' compensation benefits. However, while the Return to Work form signifies a change in work status, the North Carolina 90 form continually tracks earnings to adjust benefits accurately.

The Vocational Rehabilitation Plan is related to the North Carolina 90 form in its relation to the recovery and compensation process. This plan outlines the steps and training necessary for an injured employee to re-enter the workforce, potentially in a new capacity. The North Carolina 90 form complements this by ensuring the earnings during and after the rehabilitation process are correctly reported and benefits adjusted accordingly, facilitating a holistic approach to an employee's recovery and financial stability.

The Workers’ Compensation Medical Report form, required when an employee seeks medical treatment for a work-related injury, shares a purpose with the North Carolina 90 form. Both are pivotal in maintaining ongoing records crucial for an employee's claim. While the Medical Report provides details on treatment and progress, the North Carolina 90 form captures the financial implications of the injury, ensuring the employee receives proper compensation throughout their recovery.

Dos and Don'ts

When dealing with the North Carolina 90 form, pivotal in verifying your eligibility for workers' compensation benefits and keeping records updated, accuracy and timeliness are key. Below are essential guidelines that can facilitate a smoother, error-free process.

Do's

  1. Read the form carefully before attempting to fill it out to ensure you understand every section that applies to you.
  2. Report all earnings, including cash, wages, or salary received from self-employment or other employment, as well as commissions and bonuses, to avoid any legal consequences.
  3. Use a black or blue pen if you are filling out the form by hand to ensure that the information is legible and can be photocopied or scanned without issues.
  4. Stick to the facts and provide accurate information regarding your earnings and employment status, as accuracy is crucial for maintaining your benefits.
  5. Sign and date the form as indicated on Page 2, as your signature is required to affirm your statements and eligibility for benefits.
  6. Return the form within 15 days after receipt. Timely submission is critical to ensure your workers' compensation benefits continue without interruption.
  7. Keep a copy of the completed form for your records before mailing it. Having a record can be invaluable in case of any discrepancies or issues that may arise later.

Don'ts

  • Don’t overlook any earnings, no matter how insignificant they might seem. Even small amounts or non-cash earnings must be reported to avoid penalties.
  • Don’t wait until the last minute to fill out and return the form. This can lead to rushed mistakes or delays in mailing that could jeopardize your benefits.
  • Don’t leave sections blank if they apply to you. Incomplete forms may result in the suspension of your benefits until the necessary information is provided.
  • Don’t make false statements or fail to disclose material facts regarding your earnings and employment. Integrity is paramount, as making false claims can result in civil and criminal penalties.
  • Don’t forget to attach additional pages if you need more space to accurately report multiple employers or sources of income. Ensure all information is clear and comprehensive.
  • Don’t hesitate to ask for help if you have questions or are unsure how to complete any part of the form. It’s better to seek clarification than to submit incorrect information.
  • Don’t ignore the form if you did not earn any income during the period in question. You must still sign and return it to confirm your earning status.

Adhering to these do's and don'ts can significantly streamline the process of completing the North Carolina 90 form and ensure your workers' compensation benefits are maintained without interruption. Remember, this form allows the employer and insurance carrier to verify your continuing eligibility for benefits, making accurate and timely completion paramount.

Misconceptions

Many people have misconceptions about the North Carolina Form 90, crucial for verifying ongoing eligibility for workers' compensation benefits. Understanding these nuances not only clarifies the process but also ensures that individuals can maintain their benefits without unnecessary hindrances. Here are four common misunderstandings:

  • Only cash income needs to be reported. This is incorrect. According to the instructions on the Form 90, "earnings" encompass far more than just cash. They include wages, salaries, commissions, bonuses, and even the cash value of non-cash payments, such as a building custodian receiving a rent-free apartment. Anything of value received in exchange for services rendered must be disclosed.
  • If you’ve earned money before your disability, you must report that as well. This is a misunderstanding. Form 90 specifically mentions that commissions, bonuses, and other payments earned before your disability are not considered earnings that affect your workers' compensation benefits. It's the income earned after the injury and during the disability period that must be meticulously reported to ensure transparency and continued eligibility for benefits.
  • Completing and returning Form 90 is optional. On the contrary, completing and sending back Form 90 is mandatory and has a strict deadline. The form itself warns, "YOUR WORKERS' COMPENSATION BENEFITS MAY BE SUSPENDED IF YOU FAIL TO COMPLETE THIS REPORT IN A TIMELY MANNER." This emphasizes the importance of adhering to the stipulated timeframe to avoid suspension of benefits.
  • Form 90 is only for those who have returned to work. This assumption is not accurate. Regardless of whether you have returned to work or are earning income, you are required to complete and return Form 90 if you are receiving workers' compensation benefits. This ensures that the employer and insurance carrier have the most current information regarding your employment and earning status, which is vital for maintaining eligibility for compensation benefits.

Clarifying these misconceptions can significantly smooth the process of claiming and maintaining workers' compensation benefits. It's crucial for recipients to read the instructions carefully and ensure that they fully comply with the reporting requirements outlined in Form 90.

Key takeaways

Understanding and completing the North Carolina 90 form is essential for employees receiving or eligible for workers' compensation benefits. The following key takeaways are designed to clarify the purpose and requirements of this form:

  • Verification of eligibility: The primary purpose of the North Carolina 90 form is for the employer or insurance carrier to verify an employee's continuing eligibility for workers' compensation benefits. Employees must accurately report any earnings to maintain their benefit status.
  • Mandatory submission: It is required for employees to complete and return Page 2 of this Report of Earnings to the insurer or employer within 15 days after receiving the form, even if the employee did not earn any income during the reporting period.
  • Definition of earnings: Employees must report all forms of earnings, which include cash, wages, salary from self-employment or other employments, commissions, bonuses, and the cash value of non-cash payments. Earnings do not include income earned before the disability occurred.
  • Importance of accurate reporting: Making false statements or failing to report earnings can lead to severe consequences, including civil and criminal penalties. This emphasizes the importance of honesty and transparency in the completion of the form.
  • Consequences of non-compliance: Failure to timely submit the completed form can result in the suspension of workers' compensation benefits. It is crucial for employees to adhere to the submission deadline to avoid disruption of their benefits.
  • Procedure following benefit suspension: If benefits are suspended due to non-compliance with the form's submission requirement, they will be reinstated with back payment once the form is correctly submitted. If benefits are not reinstated after compliance, employees should request an Order for reinstatement from the North Carolina Industrial Commission.

By understanding these key aspects of the North Carolina 90 form, employees can ensure they meet their responsibilities under the Workers' Compensation Act, safeguarding their benefits and complying with legal requirements.

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