The Bollinger Law Firm, P.C.

What are the duties of an employer after an industrial accident?

Obtaining and maintaining employment is important for the residents in North Carolina and elsewhere in the nation. While numerous jobs pose little if any risks, some workers are employed in positions that are inherently dangerous. Despite the efforts to implement safety measures such as specialized training and safety equipment, these risky jobs, such as industrial jobs, could cause on-the-job injuries for employees.

What are the duties of an employer after an industrial accident? According to the North Carolina Industrial Commission, when an employee is injured in an industrial accident, the employer is required to report the incident to the Workers' Compensation insurance company immediately. This must occur in cases of an injury or an illness related to the workplace. Furthermore, if an employee makes any allegations of a workplace injury or illness, an employer must report this as well.

If an injured worker misses work for a period of time exceeding one day or the medical expenses associated with the work accident are greater than $2,000, then the employer or the workers' compensation carrier must take specific action. This action requires filing a report of the employee's injury to the Industrial Commission, also known as a Form 19. This form must be filed within five days of either the allegation of injury or learning of the injury.

If this form is filed, a copy of it must be provided to the employee along with a blank Form 18, which is also known as the "Notice of Accident to Employer and Claim of Employee," for use by the employee. These steps will help an employee with the process to obtain workers' compensation benefits to cover the lost wages and medical expenses associated with the on-the-job injury.

Employees that have suffered an industrial accident should understand their rights and the steps necessary to recover any workers' compensation benefits afforded to them. This will ensure that everything is filled out and filed properly and timely, allowing them to quickly alleviate the financial burdens caused by the work accident.

Source:, "Employer's Duties When a Worker is Injured," accessed on Jan. 7, 2015

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