When it comes to workplace injuries, both the employer and the employee are responsible for different parts of the workers’ compensation process. If you’ve been injured at work, it’s your job to make sure you report your workplace injury as soon as possible. So what exactly is your employer required to do?
Your employer must carry workers’ compensation insurance.
This may seem like a simple step, but it’s vital that your employer carry workman’s comp insurance. There are some exceptions, but for the most part, if your employer has 3 or more employees, they are required by law to have workers’ comp insurance.
Your employer must file the claim for your injury.
As soon as your employer finds out about your injury, they are responsible for filing for workers’ compensation on your behalf. First they will file Form 19. This form is also known as the First Report of Injury, and should be filed with the NC Industrial Commission within 5 days of when you first reported your injury to your employer.
Once your employer has filed Form 19, they must give you a copy of Form 19 as well as a copy of Form 18. Form 18 is a Notice of the Incident. You will be required to fill out Form 18.
Your Employer must ensure that compensation is promptly paid.
Finally it is your employers’ responsibility to make sure that you are being paid on time. They cannot withhold checks or delay their arrival.
If for some reason your employer is not fulfilling their responsibilities, you should reach out to a workers’ comp attorney as soon as possible. It’s always a good idea to work with an experienced attorney — we can help you from day one and make sure you know which roles you’re responsible to fulfill and which roles are required of your employer.