What Is A Form 28 In North Carolina Workers’ Compensation?

A Form 28 in a workers’ compensation case is a Return to Work Form.  This form is usually completed by your employer or their workers’ compensation insurance company and states that under the Workers’ Compensation Act, an employee can return to work.  What it means is that you as the employee have reached your maximum level of improvement medically, and your treating physician has stated you can return back to your old position (or something similar). This form is only if you are okay to return to work like normal, and this is not a trial return to work, it also means that you meet one of the exclusions contained in North Carolina Industrial Commission Rule 404A(7).

What does that mean for you?  This means that since you have been given the “OK” to go back to work, you will no longer receive your disability compensation.  If your doctor is still “iffy” on sending you back to work at 100% of your capacity, you are entitled to return on a trial basis which is not to exceed 9 months; unless you have been released by your doctor for unrestricted work in which your trial return may be limited to only 45 days.  During this trial period, you may be entitled to partial disability compensation if you earn less in wages now than before your injury.  This is only if this is caused by your on-the-job injury.  If this is the case a separate form (Form 28T) must be filled out.