No one wants to be hurt on the job. When an on-the-job injury does occur, in addition to being hurt and concerned about a possible loss of income, you may also be confused about what to do next. You should be familiar with the initial steps to take in the event you are hurt at work, in order to protect yourself and to make sure that you are eligible to receive all benefits you are entitled to under The North Carolina Workers’ Compensation Act (the "Act"). These important benefits include payment for reasonable and necessary medical treatment, as well as weekly disability checks if your doctor says you cannot work due to your injury. The North Carolina Industrial Commission (the "Commission") is the state agency which oversees workers' compensation claims (website: http://www.comp.state.nc.us/).

1. REPORT THE ACCIDENT IMMEDIATELY: The Act requires you to give the employer a written notice of the accident within thirty (30) days. You should know your employer’s personnel policies and procedures for on-the-job injuries. This information may be posted at the time clock or break room and/or described in the employee handbook. The person who is responsible for handling work injuries for your employer can also provide this information. If your employer has a reporting policy or procedure in place, you should follow it. This may include notifying your supervisor and the person who handles work injuries, answering questions about the injury and completing internal accident forms. If your employer does not have a policy or procedure for reporting work injuries, or you are not sure what to do, report your injury right away to your immediate supervisor and ask for further instructions. If your injury prevents you from seeking out your supervisor, ask a co-worker to get your supervisor.
    
2. REPORT YOUR ACCIDENT EVEN IF YOU DO NOT THINK IT IS SERIOUS: Even if you think your injury is minor, might "just go away" or might not require medical treatment, you need to immediately follow your employer's policies and procedures for reporting work injuries and/or tell your supervisor that you were hurt. The Act requires you to report your injury within thirty (30) days. Sometimes what appears to be a minor injury is actually a more serious injury requiring medical treatment over an extended period. Waiting for days, weeks or even months after the injury to tell your employer that you were hurt makes it difficult for the employer to investigate the accident, verify your claim and file the required paperwork. If you fail to report your injury in a timely manner, the employer might even deny that the injury occurred and refuse to pay medical and disability benefits.
    
3. COMPLETE AN ACCIDENT REPORT: Many employers have internal forms for reporting work-related accidents and injuries. If the accident report has already been completed, ask for a copy for your records. If a form has not been completed, ask that it be completed.
    
4. IF YOUR INJURY REQUIRES A PHYSICIAN'S CARE, YOUR EMPLOYER MUST FILE AN INDUSTRIAL COMMISSION FORM 19: If the injured worker sees a doctor due to his on-the-job injury, N.C. Industrial Commission Rule 104 requires employers to immediately notify their risk carriers or administrators, and to file a Form 19 with the Commission within five (5) days of receiving notice of the injury (or occupational disease). The employer must also give the injured worker a copy of the Form 19 along with a blank Form 18.
    
5. FILE FORM 18 NOTICE OF ACCIDENT WITH THE COMMISSION: The injured worker must promptly and timely file his or her own written claim for benefits, preferably by filing a completed Form 18. Instructions for filing the Form 18 are at the top of the Form 19. The employer's Form 19 is not sufficient to notify the Commission of the injured worker's claim for benefits and states that clearly on the form. Failure to file a written claim in a timely manner can prevent the injured worker from receiving medical and disability benefits. Complete and file the Form 18 as soon as possible (even if your employer does not provide a Form 19 or 18). If you have questions about the Form 18, contact the Commission's Workers' Compensation Information Specialists Section (http://www.comp.state.nc.us/ncic/pages/ombudsmn.htm or 800-688-8349 or 919-807-2501) or contact an attorney who handles workers' compensation claims. If the injured worker hires an attorney to handle his claim, the attorney can file the Form 18, or file an amended Form 18 if the injured worker has already filed one.
   
   Occupational Disease Claims. Some compensable injuries are the result of prolonged exposure to chemicals or constant overuse of certain body parts. These are occupational disease claims rather than accident claims. A Form 18 must be filed when you miss work as a result of the occupational disease and a doctor has informed you that your disease is related to your work.
    
6. FOLLOW YOUR EMPLOYER’S INSTRUCTIONS REGARDING MEDICAL CARE: In cases of serious injury, you may be taken by ambulance to the nearest trauma center or hospital. In cases of less serious injury, you should follow your employer’s personnel policies and procedures for seeking medical treatment, including obtaining a referral form from the company and/or going to the company doctor or plant nurse. If your employer does not have a policy for seeking medical treatment when you are injured on the job, or you are not sure what to do, ask your supervisor for instructions regarding medical care and then follow those instructions. Failure to follow your employer’s instructions regarding medical treatment could result in the employer refusing to pay for unauthorized medical treatment. If your employer does not give you any instructions regarding medical treatment, or allows you to select the medical provider, then seek treatment at the appropriate type of provider for your level of injury, such as an immediate or urgent care center; your primary care provider or family doctor; or in cases where your injury may need a more intensive and emergent level of medical attention, such as x-rays, stitches, casts or intravenous (I.V.) medications, the closest hospital emergency room.
    
7. GIVE MEDICAL PROVIDERS AN ACCURATE DESCRIPTION OF HOW YOUR INJURY OCCURRED: Each time you are asked by a medical provider for your medical history, try to give a clear and consistent description of how you were hurt, including what you were doing, what caused the injury and the parts of your body that were hurt. For example: "I slipped and fell at work, landing on my knees and hands." "I picked up a heavy box and felt sharp pain in my lower back."
    
8. BE HONEST WITH MEDICAL PROVIDERS: If you are asked about pre-existing medical conditions or prior accidents and/or injuries, provide this information if it applies to you. This information may help medical providers determine the best treatment for you. Failure to provide accurate information to the best of your ability could hurt your credibility or cause your employer to deny your claim.
    
9. OBTAIN A WRITTEN WORK NOTE EACH TIME YOU RECEIVE MEDICAL TREATMENT: At each office visit or examination, ask your medical provider for a written note regarding your ability to work. The note should state whether you are unable to work due to your work injury; if you can work with physical restrictions, such as no lifting over a certain amount or sitting only; or if you can return to your regular duties. Give one copy of the work note to your employer, and keep a copy for your records. Your medical providers' written opinions regarding your ability to work determines whether you are eligible to receive weekly disability benefits.
    
10. CONTACT THE NORTH CAROLINA INDUSTRIAL COMMISSION FOR BASIC INFORMATION ABOUT WORKERS' COMPENSATION CLAIMS: The Industrial Commission has an excellent website (http://www.comp.state.nc.us/) which contains a copy of its information pamphlet, the annual Bulletin, which provides a comprehensive overview of your rights when you are injured on the job. The site also includes frequently asked questions (FAQ) and Commission forms. You can look up employer and carrier contact information in its free public database. You can also contact the Industrial Commission's Workers' Compensation Information Specialists Section (http://www.comp.state.nc.us/ncic/pages/ombudsmn.htm or 800-688-8349 or 919-807-2501) to receive information and ask questions.
    
    For more information regarding your rights under North Carolina Workers' Compensation law, please refer to our brochure "Your Rights Workers' Compensation". You can view it online at http://www.epmlaw.com/workers_compensation.html or call our office (336-724-2828) to request that a brochure be mailed to you. In the event that you and your employer (or its carrier or administrator) have a dispute regarding acceptance of your claim, payment for reasonable and necessary medical treatment or payment of weekly disability benefits, or if you are seriously injured and might not be able to return to work, you should immediately contact the Commission and/or an attorney who specializes in workers' compensation law.