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In North Carolina, workers' compensation is a vital system providing support to employees who sustain injuries or illnesses due to their job. Central to maintaining the integrity and efficiency of this system is the North Carolina Industrial Commission's Form 90, also known as the Report of Earnings. This mandatory document helps ensure that individuals receiving workers' compensation benefits accurately report any additional income they may earn during their recovery. By completing and returning this form within 15 days of receipt, employees affirm their ongoing eligibility for benefits. The form requests detailed employment information, including any earnings from work during the specified reporting period—even if those earnings are from self-employment or another source outside of their primary place of employment where the injury occurred. It's crucial for employees to understand that failure to report earnings or return the form could lead to suspension of benefits and potential legal repercussions. Furthermore, the North Carolina Industrial Commission underscores the importance of honesty in reporting, as providing false information or failing to disclose material facts about one’s employment status can result in both civil and criminal penalties. The process outlined by Form 90 not only safeguards the workers' compensation system but also ensures that benefits are fairly distributed among those genuinely in need.

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NORTH CAROLINA INDUSTRIAL COMMISSION

IC File #

REPORT OF EARNINGS

Emp. Code #

Carrier Code #

Carrier File #

The Use Of This Form Is Required Under The Provisions of The Workers' Compensation Act Employer FEIN

(EMPLOYER/INSURANCE CARRIER TO COMPLETE THIS SECTION)

Employee’s Name

Address

 

City

 

 

State

Zip

(

)

 

(

)

 

Home Telephone

 

Work Telephone

 

 

M F

 

/

/

 

 

 

 

Social Security Number

Sex

 

Date of Birth

 

 

(

)

 

 

Employer's Name

 

 

Telephone Number

 

 

 

 

 

Employer’s Address

 

City

State

Zip

 

 

 

 

 

Insurance Carrier

 

 

 

 

 

 

 

 

 

Carrier's Address

 

City

State

Zip

(

)

(

)

 

 

 

 

 

 

 

Carrier's Telephone Number

 

 

Fax Number

 

To Employees: The Employer/Insurance Carrier periodically needs to verify your continuing eligibility for workers' compensation benefits and to update their records. You are required to complete Page 2 of this Report of Earnings and return it to the insurer or employer address provided on page 2 of this form within 15 days after receipt of this form, even if you have no earnings.

**YOUR WORKERS' COMPENSATION BENEFITS MAY BE SUSPENDED IF YOU FAIL

TO COMPLETE THIS REPORT IN A TIMELY MANNER.**

NOTICE TO EMPLOYEES RECEIVING WORKERS' COMPENSATION

When you are receiving weekly workers' compensation benefits, YOU MUST REPORT ANY EARNINGS YOU RECEIVE TO THE INSURANCE CARRIER (OR EMPLOYER IF THE EMPLOYER IS SELF-INSURED) THAT IS PAYING YOU THE BENEFITS. "Earnings" include any cash, wages or salary received from self-employment or from any employment other than the employment where you were injured. Earnings also include commissions, bonuses, and the cash value for all payments received in any form other than cash (e.g., a building custodian receiving a rent-free apartment). Commissions, bonuses, etc., earned before your disability do not constitute earnings that must be reported.

You must report any work in any business, even if the business lost money or if profits or income were reinvested or paid to others.

Your endorsement on a benefit check or deposit of the check into an account is your statement that you are entitled to receive workers' compensation benefits. Your signature on a benefit check is a further affirmation that you have made no false claims or statements or concealed any material fact regarding your right to receive workers' compensation benefits.

MAKING FALSE STATEMENTS FOR THE PURPOSE OF OBTAINING WORKERS' COMPENSATION BENEFITS

MAY RESULT IN CIVIL AND CRIMINAL PENALTIES.

TIME PERIOD COVERED BY THIS REPORT: ___________________ to _____________________

(Employer/Insurance Carrier must complete)

FORM 90 2/01

PAGE 1 OF 2

FORM 90

NORTH CAROLINA INDUSTRIAL COMMISSION

4340 MAIL SERVICE CENTER

RALEIGH, NORTH CAROLINA 27699-4340

MAIN TELEPHONE: (919) 807-2500

HELPLINE: (800) 688-8349

WEBSITE: HTTP://WWW.IC.NC.GOV/

EMPLOYEE: COMPLETE SECTION BELOW

(1) Did you receive earnings from work during the time period

indicated on Page 1?

YES

NO

(2) Did you work for a business or any person during that time

period?

YES

NO

(3)If you answered NO to both questions 1 and 2, sign and return the form to the insurance carrier or to the individual identified by the insurance carrier or employer listed below.

(4)If you answer YES to either question, complete item 5 below, sign and return the form to the insurance carrier or to the individual identified by the insurance carrier or employer listed below. For the purposes of this statement, “Gross Earnings” include all pre-tax earnings, bonuses, commissions, and/or the cash value of any payment received in any form other than cash.

(5)1st Employer or Business Name (include self-employment):

Location:

Dates worked:

Gross Earnings:

Next Employer or Business Name (include self-employment):

Location:

Dates worked:

Gross Earnings:

Attach additional page(s) if necessary.

Employee Signature:

 

Date:

 

.

(Required)

NOTICE TO EMPLOYEE:

1.Failure to report earnings as defined herein may subject you to criminal prosecution and civil liability including the suspension or forfeiture of your benefits. This form must be signed and returned to the insurance carrier listed below even if you have no earnings.

2.If the Commission suspends benefits for failure to complete and return a Form 90 Report of Earnings, the self-insured employer, insurance carrier or third party administrator shall immediately reinstate benefits to the employee with back payment as soon as the Report of Earnings is submitted by the employee.

3.If benefits are not immediately reinstated, the employee should submit a written request for an Order from the Executive Secretary instructing the employer or insurance carrier to reinstate benefits. An application for reinstatement of benefits should be addressed to North Carolina Industrial Commission, Office of the Executive Secretary, 4333 Mail Service Center, Raleigh, NC 27699-4333.

Insurance carrier or Employer must list the name and address below of the person to whom this form must be returned and mail this form to the employee by certified mail return receipt requested, and include a self-addressed stamped envelope for the return of the Form.

Name:

 

 

 

.

Address:

 

 

 

.

 

 

City

State

Zip

 

 

 

 

 

 

 

NOTICE TO INSURER OR EMPLOYER:

Any person who willfully makes a false statement or representation of a material fact for the purpose of denying or assisting another in denying any benefit or payment under the Workers’ Compensation Act shall be guilty of a Class 1 misdemeanor if the amount at issue is less than $1000. Violation is a Class H felony if the amount at issue exceeds $1000. Any person who threatens an employee with criminal prosecution under the provisions of the Act for the purpose of coercing or attempting to coerce an employee into agreeing to compensation under the Act shall be guilty of a Class H felony.

FORM 90 2/01

PAGE 2 OF 2

FORM 90

NORTH CAROLINA INDUSTRIAL COMMISSION

4340 MAIL SERVICE CENTER

RALEIGH, NORTH CAROLINA 27699-4340

MAIN TELEPHONE: (919) 807-2500

HELPLINE: (800) 688-8349

WEBSITE: HTTP://WWW.IC.NC.GOV/

File Attributes

Fact Number Details
1 The North Carolina Form 90 is required under the provisions of the Workers' Compensation Act.
2 This form is used by employers or insurance carriers to verify an employee's continuing eligibility for workers' compensation benefits and to update records.
3 Employees receiving workers' compensation benefits must report any earnings from work during the time period covered by the report, even from other employments.
4 Failure to complete and return the Form 90 as required may result in suspension or forfeiture of workers' compensation benefits.
5 If suspended benefits are not immediately reinstated after submission of the Form 90, employees can request an Order from the Executive Secretary for reinstatement.
6 Making false statements for the purpose of obtaining workers' compensation benefits can lead to civil and criminal penalties.
7 The Executive Secretary plays a role in the reinstatement of benefits if there is an issue after the Form 90 is submitted.

North Carolina 90: Usage Guidelines

Once you've received the North Carolina Industrial Commission's Form 90, completing it accurately is critical for maintaining your workers' compensation benefits. This form helps ensure that you're compensated correctly according to your earnings. Remember, failing to return this form within 15 days of receipt could result in the suspension of your benefits. It's essential to report any earnings you've had, including wages, bonuses, and the value of non-monetary compensation, to continue receiving the right amount of support.

Here are the necessary steps to fill out Form 90:

  1. First, read the form carefully, especially the instructions provided on the first page regarding who needs to complete the form and the consequences of failing to do so timely.
  2. Check the time period covered by this report at the top of Page 1, which the employer or insurance carrier must have completed.
  3. Proceed to the section titled "EMPLOYEE: COMPLETE SECTION BELOW" found on Page 2 of the form.
  4. Answer the question about receiving earnings during the specified period. Check YES if you did receive earnings and NO if you did not.
  5. Answer the next question about whether you worked for a business or any person during that time frame. Again, check YES or NO appropriately.
  6. If you answered NO to both questions, skip to the signature line, sign, and date the form. Then proceed to return the form to the address listed by the insurance carrier or employer on the form.
  7. If you answered YES to either of the first two questions, you must complete the detailed section about your earnings.
  8. For question 5, provide the name of your first employer or business (including self-employment), the location of your work, the dates you worked during the reporting period, and your gross earnings. Gross earnings include all pre-tax wages, bonuses, commissions, and the cash value of anything you received instead of cash.
  9. If you worked for more than one employer or business during the reporting period, provide the same details for the next employer or business. Attach additional page(s) if necessary to list all relevant employment information.
  10. Sign and date the form to certify the accuracy of the information you've provided. Your signature affirms that you have not made false claims or statements.
  11. Return the completed form to the insurance carrier or to the individual identified by the insurance carrier or employer. Make sure to use the address provided on the form for this purpose. It's recommended to use certified mail with a return receipt requested for documentation.
  12. After submitting Form 90, your workers' compensation benefits will be evaluated based on the information you've provided. Should there be any discrepancies or claims of false reporting, you may be subject to legal consequences. Therefore, it's crucial to be thorough and honest when completing and returning the form. If your benefits are suspended because the form wasn't submitted, reaching out to the North Carolina Industrial Commission as instructed can help rectify the situation and potentially reinstate your benefits.

Listed Questions and Answers

What is the North Carolina Form 90?

The North Carolina Form 90 is a document used by the Industrial Commission to report earnings of employees receiving workers' compensation benefits. This report is crucial for verifying the continuing eligibility of employees for such benefits and updating records accordingly.

Who needs to complete the North Carolina Form 90?

The Form 90 must be filled out by employees who are currently receiving workers' compensation benefits in North Carolina. It allows the employer or insurance carrier to verify the employee's ongoing eligibility for the benefits based on their earnings.

Why is it required to report earnings on the Form 90?

Reporting earnings on the Form 90 is required under the Workers' Compensation Act to ensure that employees receiving benefits are accurately reporting their income. This transparency helps in adjusting benefits if necessary, based on any additional income earned outside the employment where the injury occurred.

What counts as earnings according to the Form 90?

Earnings include any cash, wages, or salary from self-employment or any employment outside of where the injury occurred. It also encompasses commissions, bonuses, and the cash value of payments received in forms other than cash. Earnings reported should only be those accrued after the disability occurred.

What happens if earnings are not reported?

Failure to accurately report earnings can lead to criminal prosecution, civil liability, and the suspension or forfeiture of workers' compensation benefits. It is crucial to report all earnings to avoid these penalties.

How can an employee reinstating benefits if they have been suspended?

If benefits have been suspended due to failure to complete and return the Form 90, they will be immediately reinstated with back payment as soon as the form is submitted. If benefits are not reinstated promptly, the employee can request an Order from the Executive Secretary for reinstatement.

What should be done if there are no earnings to report?

If an employee does not have any earnings to report for the period in question, they must still sign and return the Form 90 to the insurance carrier or employer listed. The act of submitting the form, even without earnings, is necessary to continue receiving benefits.

What are the consequences of making false statements on the Form 90?

Making false statements or concealing material facts to obtain workers' compensation benefits can result in civil and criminal penalties. The severity of the penalties can range from misdemeanors to felonies, depending on the amount at issue.

How is the Form 90 submitted?

The completed Form 90 should be returned to the insurer or employer by the means they provided, usually by mail. Employers or insurers are required to send the form to the employee with a self-addressed stamped envelope for ease of return.

Where can assistance or additional information regarding Form 90 be obtained?

For more information or assistance with Form 90, employees can contact the North Carolina Industrial Commission via their main telephone line, helpline, or through their website. The commission provides guidance and support for both employees and employers navigating workers' compensation processes.

Common mistakes

Filling out the North Carolina 90 form is a crucial step in ensuring that you receive the right workers' compensation benefits. However, people often make mistakes that can delay or impact their benefits. Here are seven common mistakes to avoid:

  1. Not reporting all earnings: It's essential to report any earnings you receive while on workers' compensation, including cash, salaries, commissions, bonuses, and the cash value of non-cash payments. Failing to do so can lead to serious consequences, including criminal prosecution.

  2. Missing deadlines: The form must be returned to the insurance carrier or employer within 15 days after you receive it. Delaying or forgetting to send the form back on time can suspend your benefits.

  3. Inaccurate information on earnings: When reporting your earnings, it's crucial to ensure that all the information is accurate and includes all forms of compensation. Inaccuracies can be perceived as intentional fraud.

  4. Not signing the form: Your signature is required to confirm the accuracy of the information provided. An unsigned form is considered incomplete and can result in suspended benefits.

  5. Skipping sections: Failing to complete any part of the form, especially the section about your earnings, can delay the processing of your benefits. Even if you did not have any earnings, this needs to be clearly indicated on the form.

  6. Not using clear, legible handwriting: If the form is not easy to read, it may be processed incorrectly, which could affect your benefit payments. Consider typing the information if handwriting is not clear.

  7. Ignoring the need for additional documentation: Sometimes, you may need to attach additional pages to provide complete information about your earnings from different sources. Failing to attach necessary documentation can lead to incomplete information and potential delays.

Avoiding these mistakes can help ensure that the processing of your North Carolina 90 form goes smoothly, allowing you to receive the correct workers' compensation benefits without unnecessary delays.

Documents used along the form

When dealing with workers' compensation in North Carolina, the Form 90, serving as a Report of Earnings, is a crucial document designed to ensure that employees report any earnings that might affect their workers' compensation benefits accurately. However, navigating through the workers' compensation process can often require additional forms and documents to be completed or submitted to support or further actions related to one's claim or situation. Here’s a glance at nine other forms and documents frequently used alongside the Form 90 in North Carolina:

  • Form 18: Notice of Accident to Employer and Claim of Employee, Representative, or Dependent for NC Workers’ Compensation - this form initiates the workers' compensation claim process by notifying the employer about an injury or occupational disease.
  • Form 19: Report of Employee Injury or Occupational Disease to the Industrial Commission - used by the employer to report an employee's injury or occupational disease to the NC Industrial Commission.
  • Form 22: Statement of Days Worked and Earnings of Injured Employee - provides detailed information about the days worked and the earnings of the injured employee before the injury occurred.
  • Form 24: Application for Approval of Compromise Settlement Agreement - filed when all parties agree to a settlement related to the workers' compensation claim.
  • Form 25T: Itemized Statement of Charges for Travel - allows employees to seek reimbursement for travel expenses related to medical treatment for their work-related injuries.
  • Form 28: Report of Employer or Carrier/Administrator Upon Payment of Compensation Without Prejudice or Upon Stopping Payment of Compensation - used by the employer or insurance carrier to report payments made or stopped, on a temporary basis, without admitting liability.
  • Form 33: Request that Claim be Assigned for Hearing - submitted by an employee or employer to request a hearing before the North Carolina Industrial Commission regarding a disputed workers' compensation claim.
  • Form 61: Denial of Workers’ Compensation Claims - used by an insurer or self-insured employer to deny a worker's compensation claim, stating the specific reasons for denial.
  • Medical Records: Including treatment notes, billings, and reports, these records are essential to establish the extent of the work-related injury or illness and the related medical expenses.

In essence, each document or form involved in the workers' compensation process serves a unique purpose, contributing significant pieces of information that together, help ensure that injured employees receive the appropriate benefits and support. Whether initiating a claim, reporting earnings, seeking medical reimbursements, or resolving disputes, understanding and correctly utilizing these forms is essential for both employees and employers navigating the complexities of workers' compensation in North Carolina.

Similar forms

The North Carolina First Report of Injury Form is a critical document that holds similarities to the Form 90 in capturing essential information from both the employer and employee following a workplace injury. Much like the Form 90, the First Report of Injury Form is designed to initiate the workers' compensation claim process, requiring detailed information about the accident, the injured party, and the employer. Both forms play a pivotal role in ensuring that workers receive appropriate compensation for injuries sustained on the job, and they share the objective of documenting initial reports accurately for insurance and compensation purposes.

The Wage Statement Form used in workers' compensation claims in North Carolina is another document that shares similarities with the NC Form 90, especially in its function of documenting earnings. This form is essential for establishing an injured worker's average weekly wage, which impacts the calculation of benefits. The Wage Statement, like Form 90, requires detailed information about the employee’s earnings, but it focuses more on the history of wages leading up to the injury rather than earnings received potentially outside of the primary employment after the injury occurred.

The Employee's Application for Additional Medical Compensation in North Carolina is somewhat akin to the Form 90, wherein both documents require detailed personal and employment information from the employee. However, the Application for Additional Medical Compensation specifically seeks permission for further medical treatment related to a workers' compensation claim. While Form 90 centers on reporting earnings and employment status during the compensation period, both forms serve crucial roles in the ongoing management and evaluation of a worker's compensation case.

The Employer’s Admission of Employee’s Right to Permanent Partial Disability is a document which, although differing in purpose, parallels the Form 90 in its utilization within the workers' compensation framework. This document outlines an employer's acknowledgment of a worker's permanent partial disability arising from a workplace injury, similar to how the Form 90 captures earnings information indicative of the employee’s current work ability. Each form contributes to the broader context of recognizing and compensating for the impact of work-related injuries.

The Notice of Assignment of Rehab Professional is another document in the realm of North Carolina’s workers' compensation that, like Form 90, facilitates communication and procedural clarity between all parties involved in a compensation claim. This notice informs the employee and employer about the assigned rehabilitation professional to assist in the injured worker's recovery and return to work. While the focus is different, both documents underscore the importance of structured communication in managing the aftermath of workplace injuries.

The Application for Review by the Full Commission in North Carolina serves a distinct purpose from Form 90 but is related in the continuum of workers’ compensation processes. After a deputy commissioner's decision, if any party disagrees, they can file this application to have the case reviewed by the Full Commission. While the Form 90 is primarily informational, capturing earnings to assess benefits eligibility, the Application for Review seeks a procedural action. However, both are integral to the fair and thorough examination of workers' compensation matters.

The Agreement for Compensation for Disability, unlike the Form 90, is an agreement document rather than a report form. It represents a negotiated settlement between the employer and employee regarding compensation for a work-related disability. While the Form 90 helps ensure accurate benefit payments through earnings reporting, the Agreement for Compensation details the final settlement terms. Both documents are key to the resolution phase of workers' compensation cases, ensuring workers are compensated fairly and in accordance with North Carolina law.

Dos and Don'ts

Filling out the North Carolina Form 90 correctly is crucial for ensuring the continuance of workers' compensation benefits without unnecessary interruptions or legal issues. Here's a guideline on what you should and shouldn't do when completing this form:

  • Do read the entire form before beginning to fill it out. Understanding each section in advance can help prevent mistakes and ensure that you provide all the required information accurately.
  • Don't delay in returning the form. It must be sent to the insurer or employer within 15 days after you receive it. Late submissions could result in the suspension of your benefits.
  • Do accurately report any earnings. This includes all cash, wages, salaries, commissions, bonuses, and the cash value of any non-cash payments you've received, aside from your current workers' compensation.
  • Don't omit information about any work you have done. Whether the business made a profit or incurred a loss, if you worked or received earnings, it needs to be reported.
  • Do attach additional pages if necessary. If you have more information than space allows, attach extra pages to ensure full disclosure of employment and earnings.
  • Don't provide false statements. Falsifying information or omitting necessary details about your earnings and employment can lead to severe civil and criminal penalties.
  • Do use certified mail for sending the form back. This ensures that there's a record of your submission, protecting you in case of any disputes about whether or when the form was returned.
  • Don't sign the form without verifying all the information. Your signature is a certification that all the information provided is true and complete to the best of your knowledge.
  • Do immediately reach out for help if your benefits are not reinstated after submitting a Report of Earnings. Contact the North Carolina Industrial Commission for guidance on how to proceed.

By following these guidelines, you can help ensure that the process goes smoothly and that your workers' compensation benefits continue without unnecessary delay or complications.

Misconceptions

Misunderstandings regarding the North Carolina Form 90 can complicate the process for both employees and employers. Addressing these misconceptions is crucial for ensuring the smooth functioning of workers' compensation claims and compliance with legal responsibilities.

  • Form 90 is Optional for Reporting Earnings: A common misconception is that completing Form 90 is optional for employees receiving workers' compensation benefits. In reality, this form is mandatory for verifying continuing eligibility for benefits and must be submitted within 15 days after receipt, even if the employee has had no earnings during the covered period.
  • Only Cash Earnings Need to Be Reported: Another misunderstanding is that employees only need to report cash earnings. However, the form clearly requires reporting of all types of earnings, including wages, salaries, commissions, bonuses, and the cash value of non-cash payments. Neglecting to report non-cash earnings can lead to non-compliance and potential penalties.
  • Earnings Prior to Injury Do Not Need to Be Reported: Some may incorrectly believe that earnings from before the injury need to be reported on Form 90. The form is designed to capture earnings received during the time period specified on the form, indicating only the earnings post-injury need to be reported to assess current eligibility for benefits.
  • Failure to Complete Form 90 Has No Consequences: There's a critical misunderstanding that failing to complete and return Form 90 within the specified timeframe carries no repercussions. On the contrary, failure to submit the completed form may result in the suspension of workers' compensation benefits. The employer or insurance carrier must be notified of any earnings during the covered period to avoid potential disruptions in benefit payments.

Understanding the requirements and purposes of the North Carolina Form 90 is key for employees receiving workers' compensation benefits. Employers and insurance carriers share the responsibility of ensuring that claimants are aware of their obligations regarding this form to maintain compliance with the Workers' Compensation Act.

Key takeaways

Understanding the North Carolina 90 form is essential for both employers and employees involved in workers' compensation claims. Here are key takeaways to ensure the process is handled correctly:

  • The North Carolina 90 form is required under the Workers' Compensation Act, intended for reporting earnings during the period an employee is receiving workers' compensation benefits.
  • It is the responsibility of the employer or insurance carrier to complete the first section of the form, which includes detailed information about the employee and the employer.
  • Employees are obligated to report any earnings received from work during the specified time period indicated on the form. This includes income from self-employment, other employment, commissions, bonuses, and the cash value of payments received in forms other than cash.
  • Failure to complete and return the form within 15 days of receipt may result in suspension of workers' compensation benefits. This underscores the importance of timely compliance.
  • The form requires employees to affirm that they have not made any false claims or concealed material facts regarding their right to receive workers' compensation benefits. Engaging in such acts could lead to both civil and criminal penalties.
  • If an employee does not receive earnings during the covered period, they must still sign and return the form to the insurance carrier or specified individual to avoid penalties.
  • Should benefits be suspended due to non-compliance, they must be reinstated back to the employee, along with any back payments due, upon submission of the completed form.
  • In situations where benefits are not reinstated automatically, employees have the right to request an Order from the Executive Secretary of the North Carolina Industrial Commission for reinstatement.
  • Misrepresentation or false statements related to the claim can result in misdemeanor or felony charges, depending on the amount in question. It is critical for all parties to approach the process with honesty and integrity.

Properly filling out and promptly returning the North Carolina 90 form is crucial for maintaining workers' compensation benefits and adhering to legal requirements. Both employees and employers should pay careful attention to the details and deadlines specified in the form to ensure compliance and avoid unnecessary complications.

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