A Form 26, according to the North Carolina Industrial Commission, is a Supplemental Agreement as to Payment of Compensation (G.S. §97-82). After you have been receiving your compensation for workers’ compensation, you and your employer can still reach an agreement in regards to supplemental compensation under the article. Typically a Form 26 is filed only to supplement or amend a Form 21. Should you and your employer reach an agreement, you must submit Form 26 along with the medical and vocational proof as to why the supplemental payment should be allowed.
At that point, your Form 26 along with your required supplemental documentation must be filed and approved with the North Carolina Industrial Commission. Your form will include the date of the injury, when you returned to work or were rated, date you became disabled, your pay rate as it is now, and what change in pay will occur. You and your employer will sign the agreement.
Once the Commission approves the agreement, it is fully enforceable. Payments are then made under (G.S. §97-18(b)) which states that payment is made without prejudice within 14 days from the date that the form was submitted. Payments are made weekly unless otherwise agreed and approved.
Before signing a Form 26 it is important that you first consult your workers’ compensation attorney. Otherwise, you may sign something that ends up hurting your workers’ compensation case.