Workers’ Compensation laws are state laws that provide injured workers medical treatment for their injuries as well as wage replacement when they are disabled. The workers’ compensation system is a form of no-fault insurance provided by the employer for the employee.
The employee gives up certain rights to sue in exchange for protection from injuries incurred on the job. Unless the injury was caused by the intentional misconduct of the employer, an employee cannot sue their employer for the injury under traditional negligence claims (such as arising from automobile accidents or “slip-and-fall” cases).
With very narrow exceptions that do not apply to the hospitality industry, all employers with three or more employees are required to have workers compensation insurance under North Carolina law.
When an employee is injured on the job, even when it might be considered a minor injury, you should give the employee Form 18 to complete. As an employer, you must complete Form 19: Employer’s Report of Employee’s Injury or Occupational Disease to the Industrial Commission. The employer is required to file Form 19 within five days of learning of the injury. Typically, your workers’ compensation insurer will then file the completed forms electronically with the North Carolina Industrial Commission, the state agency that handles workers’ compensation claims. A copy of the Form 19 also must be provided to the injured worker.
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