Fill Out Your Commission 18 Form

1. What does a Form 18 do?

A Form 18 establishes a legal claim of injury on your behalf, provided it is filed within two years of the date of injury or occupational disease. It also gives the necessary written notice to your employer if you submit a copy within 30 days of the injury. Your employer must file a Form 19 if you miss more than one day of work due to your injury or if medical bills exceed $4,000. However, it's essential to remember that the employer’s filing of Form 19 does not satisfy your obligation to file a Form 18. To protect your rights, you must file the Form 18, even if the employer is handling compensation or the Industrial Commission has opened a file for your injury.

2. To whom should the Form 18 be sent?

The original Form 18 should be submitted to the Industrial Commission. It’s a good practice to keep one copy for your records, and you should also provide one signed copy to your employer at the time of the injury. This ensures that all parties are informed and that your claim is properly documented.

3. What numbers do I write in the upper right corner?

You don’t need to fill in the spaces in the upper right corner of the Form 18 unless you already have information. If your employer has filed a report of injury (Form 19) and you know your I.C. File Number, you can write it in the “I.C. File No.” space. If you don’t have this number yet, don’t worry; the Industrial Commission will assign one upon receipt of your Form 18. The other fields—“Emp. Code No.” and “Carrier Code No.”—are for internal use only.

4. What if I do not know who my employer’s insurance carrier is?

If you’re unsure about your employer’s insurance carrier, there are a few straightforward options. You can ask your employer directly for this information. Alternatively, you can call the Industrial Commission’s Claims Administration Section at (800) 688-8349 and press “1” after the prompt. If you're still unable to find out, it’s acceptable to leave that line blank on the form.

5. When listing the number of days out of work, do I count partial days?

Yes, when you list the number of days you have been out of work, you should include both partial and whole calendar days. Keep in mind that these days do not need to be consecutive, so any day you were unable to work counts towards this total.

6. What happens after I file the Form 18?

Once you file the Form 18, the Industrial Commission will process it and mail you an acknowledgment letter. The processing time can vary based on current workload. Additionally, the Commission will send a copy of this acknowledgment to your employer or their workers' compensation insurance carrier, prompting them to reach out to you regarding whether compensation will be paid voluntarily.

Filling out the Commission 18 form is essential for anyone seeking workers' compensation benefits in North Carolina. However, many people make common mistakes that can hinder their claims. One frequent error is missing the deadline for filing. Employees must submit the form within two years of the injury or occupational disease, or their claim may be barred. Understanding this timeline can make or break a case.

Another common mistake involves providing inaccurate personal information. It’s crucial to enter the correct name, address, and Social Security number. Errors in these details can delay the processing of the form and may even lead to complications in receiving benefits. Always double-check this information before submitting the form.

People also often overlook the description of the injury or occupational disease. This section requires clarity and detail. If the description lacks specifics—such as the exact time, place, and nature of the injury—it may be difficult for the Industrial Commission to assess the claim properly. Every detail matters.

Additionally, many individuals forget to include their medical treatment information. Answering the yes or no question regarding medical treatment is necessary. If the form is submitted without this vital piece of information, it can lead to unnecessary delays or rejection of the claim. Remember, your health records are an essential part of your case.

Another mistake that can be detrimental is failing to notify the employer in a timely manner. Employees must give notice to their employer immediately after an accident, or as soon as possible—within 30 days. Neglecting this step can complicate the claims process and may weaken the case significantly.

Lastly, individuals often forget to keep copies of the submitted documents. After completing the Commission 18, it’s wise to retain one signed copy for personal records and send one to the employer. This practice helps ensure that there is a record of what was submitted and can serve as protection should disputes arise in the future.

The Commission 18 form is an essential document for individuals seeking workers' compensation benefits following an injury or occupational disease in North Carolina. Along with this form, several other documents are often involved in the claims process to ensure that everything is handled properly and that the rights of the injured worker are adequately protected. Below is a list of other important forms and documents that may be required, along with a brief explanation of each.

• Form 19 - Employer's Report of Injury: This form is completed by the employer when an employee suffers an injury. It serves to officially report the details of the incident to the Industrial Commission and assists the Commission in processing the claim.
• Form 18B - Notice of Occupational Disease: This document is utilized specifically for claims related to occupational diseases like asbestosis or silicosis. It informs the employer and the Industrial Commission about the worker's condition and initiates the claims process.
• Form 24 - Application to Terminate Disability Compensation: When an employer believes that an injured worker is no longer disabled and compensation should cease, they file this form. This initiates a review process by the Industrial Commission to assess the status of the worker's disability.
• Form 26 - Request to Reinstate Disability Compensation: If an employee's condition worsens or they experience new complications that affect their ability to work, they may use this form to request a reinstatement of their benefits, providing necessary medical documentation.
• Form 27 - Employer’s Application for Reimbursement: Employers can use this document to request reimbursement for compensation paid to an injured worker if they believe another party is at fault for the injury.
• Form 30 - Employee's Claim for Benefits: This form allows an employee to claim specific benefits related to their injury or illness, such as medical expenses or temporary total disability payments, providing additional clarity about their financial needs.

Understanding these forms and their purposes can significantly ease the claims process. Each document plays a vital role in ensuring that all relevant information is communicated appropriately, facilitating the rightful compensation for the injured worker. It is crucial to respond to any filing requirements promptly and to keep copies of all submitted forms for personal records.

• Form 19: This form is used by employers to report an injury if the employee misses more than one day of work. While Form 18 is initiated by the employee to file a claim, Form 19 ensures the employer meets their reporting obligations.
• Form 18B: Specifically designated for claims related to asbestosis, silicosis, and byssinosis, this form closely resembles Form 18 in that it serves to report occupational diseases. However, it is tailored for certain types of diseases that have specific reporting requirements.
• OSHA 300 Log: The Occupational Safety and Health Administration's log tracks workplace injuries and illnesses. Like Form 18, it serves to document incidents that may lead to compensation claims, though it is primarily for regulatory compliance rather than personal claims.
• Claim Form for Long-Term Disability (LTD): This document is filled out to claim benefits under a long-term disability policy. Similar to Form 18, it requires detailed information about the employee's condition and the impact on their work life.
• Workers’ Compensation Claim Petition: This legal document is often filed in disputes over workers' compensation claims. It shares the purpose of claiming benefits, similar to Form 18, but is used when there is a need to formally present a dispute before an administrative body.
• First Report of Injury: Many states require a version of this report to be completed soon after an injury occurs. Like Form 18, it serves the purpose of documenting an incident but is often used more by employers than employees.
• Employee Injury Report: This internal document allows employees to file reports about workplace injuries. It serves an administrative function similar to Form 18, providing details necessary for further action and treatment.
• State’s Notification of Injury Form: Some states have their own specific forms for notifying the state labor department about workplace injuries. These forms share a similar function to Form 18, ensuring proper communication about the incident.
• Social Security Disability Application: This application is filed for social security benefits due to disability, comparable to Form 18 in its use for pursuing benefits based on medical conditions that affect the ability to work.
• Health Insurance Claim Form: Used to submit medical claims to health insurance providers, this form also requires detailed information about medical treatment related to an injury, much like the information requested in Form 18.

Filling out the Commission 18 form can be a straightforward process if you keep in mind some important do’s and don’ts. Here’s a helpful guide.

• Do file the form within two years of the date of injury or occupational disease to avoid having your claim barred.
• Do notify your employer about the accident immediately or within 30 days.
• Do keep a signed copy of the form for your records.
• Do ensure that all information on the form is filled out accurately and completely.
• Don’t leave the injury description vague; be specific about the injury and how it occurred.
• Don’t forget to mention any medical treatment you received related to the injury.
• Don’t overlook the submission timeline; adhere to the required deadlines for filing and notifying.

By following these guidelines, you can navigate the process of completing the Commission 18 form with greater ease and confidence.

Misconception 1: The Commission 18 form does not need to be filed if the employer is already paying compensation.

Some people believe that if they are receiving compensation from their employer, they do not need to file the Commission 18 form. This is incorrect. Filing the form is essential to protect your rights, even if your employer is providing benefits.

Misconception 2: The Commission 18 form is only for physical injuries.

This form is often misperceived as applicable solely to physical injuries. In fact, it is also required for occupational diseases. Be sure to specify the nature of your claim when completing the form.

Misconception 3: Filing the Commission 18 form is optional.

Many assume that filing the Commission 18 form is optional. This is a dangerous misunderstanding. Failure to submit this form within two years can bar your claim entirely.

Misconception 4: You need to know your employer's insurance details before filing.

It is a common belief that having insurance information is mandatory before submitting the form. However, if you don’t have this information, you can either ask your employer or leave that section blank. The Industrial Commission can assist you as well.

Misconception 5: Only the injured employee can file the form.

Some think that only the injured worker can complete and submit the form. In reality, a representative or dependent can also file the form on behalf of the employee if they are unable to do so.

Misconception 6: You cannot count partial days for the number of work days missed.

Many wrongly believe that only full missed days count. In actuality, both partial and full days must be included in the count of workdays lost due to the injury.

Misconception 7: You must submit the Commission 18 form in person.

Some may think that this form must be submitted in person at the Industrial Commission. This is not true; you can also file it by mail or email, making the process more accessible.

Misconception 8: The Commission will process the form immediately.

There is a misconception that the Industrial Commission processes the form right away. Processing times can vary, so patience is necessary after submission. You will receive an acknowledgment letter detailing the status of your claim.

1. The Form 18 is essential for establishing a legal claim for injuries or occupational diseases. It must be filed within two years of the incident.

2. Submit the Form 18 to the Industrial Commission and keep a signed copy for your records. Provide another signed copy to your employer.

3. You don't need to fill out the upper right corner's numbers unless you have a specific I.C. File Number. If not, leave it blank and the Commission will assign one.

4. If you're unsure about your employer's insurance carrier details, ask your employer or contact the Industrial Commission for assistance.

5. Include both whole and partial days when listing the number of days you were unable to work due to your injury. It doesn't have to be consecutive.

6. Notice to your employer must occur immediately after the accident or as soon as possible and within 30 days to avoid issues with your claim.

7. Medical treatment information is crucial. Indicate if you received treatment after the injury and note details clearly in the form.

8. The employer is obligated to file a Form 19 if you miss more than one day of work or if medical bills exceed $4,000. This does not replace your need to file the Form 18.

9. The Industrial Commission will acknowledge receipt of your Form 18, though processing times may vary based on their workload.

10. It's important to sign the form appropriately. If you can’t sign, someone else may sign on your behalf, ensuring you provide the necessary details for accurate representation.