1. What does a Form 18 do?
A Form 18 establishes your legal claim for injury or occupational disease. It's crucial that this form is filed within two years of the injury date. By filing, you also provide the required notice to your employer, ensuring they are aware of the situation. If your employer has to file a Form 19, it doesn’t replace your need to file a Form 18. Even if your employer pays compensation, filing the Form 18 is essential to protect your rights.
2. To whom should the Form 18 be sent?
The original Form 18 must be submitted to the Industrial Commission. You should keep one copy for your records. Additionally, provide one signed copy to your employer at the time of the incident. This ensures that all parties are informed about the injury.
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 have an existing I.C. File Number. If you know your I.C. File Number or that your employer has filed a Form 19, you can include it. The other two spaces are for internal purposes and should remain blank.
4. What if I do not know who my employer’s insurance carrier is?
If you’re unsure of your employer’s insurance carrier, you can ask your employer directly. Alternatively, call the Industrial Commission’s Claims Administration Section at (800) 688-8349 and follow the prompts for assistance. If you still can’t find the information, it’s acceptable to leave the line blank.
5. When listing the number of days out of work, do I count partial days?
Yes, you should include both partial and whole calendar days not worked. This count does not need to consist of consecutive days, so even intermittent absences count towards the total.
6. What happens after I file the Form 18?
Once you submit the Form 18, the Industrial Commission will send you an acknowledgment letter. The processing time can vary based on their current workload. They will also send a copy of this acknowledgment to your employer or their insurance carrier to ensure they are aware of your claim and can inform you about any compensation decisions.
7. Can someone else sign the Form 18 for me?
If you are unable to sign the Form 18 yourself, someone else can sign on your behalf. Ensure that the person signing is authorized to do so, as this preserves the validity of the claim submission.
8. What should I do if I miss the filing deadline?
If you miss the filing deadline of two years from your injury or occupational disease, your claim might be barred. It’s important to act quickly and seek legal advice if you suspect you won’t meet the deadline.
9. Is there any assistance available if I have questions about the Form 18?
If you have questions or need assistance with the Form 18, you can reach out to the Industrial Commission directly at their main telephone number, (919) 807-2500 or the helpline at (800) 688-8349. They can provide guidance on filing and any related processes you should be aware of.