The Short Answer
Form 28U is the official North Carolina workers' compensation form you file when a trial return to work fails because your work-related injury still prevents you from doing your job. Its full name is "Employee's Request that Compensation be Reinstated After Unsuccessful Trial Return to Work" under G.S. 97-32.1. You submit it to notify your employer, their insurance carrier, and the NC Industrial Commission that you need your compensation reinstated. Your treating physician must also sign the form confirming your injury is the reason you cannot continue working.
Once you have received the doctor’s permission to do so, you can attempt a trial return to work (for no longer than a nine month period). What happens if you, on your trial return to work, realize your work related injury is still not allowing you to complete your job? If your trial return is unsuccessful, you have the right to request that your compensation continue. Once you stop working you would need to immediately fill out Form 28U; Employee’s Request that Compensation be Reinstated After Unsuccessful Trial Return to Work (G.S. 97-32.1).
Form 28U will tell your employer, the insurance carrier, and the Industrial Commission you are still suffering from your work related injury and cannot continue work. You will have to fill out a section explaining when you came back to work, how long your trial period lasted, and the reason why you can no longer work. You will then take this form to your treating physician who will sign it if they believe your workers’ compensation injury is preventing you from continuing your trial return to work. If your trial return to work is through a different employer, you must also fill out the “Employee’s Release and Request for Employment Information” section as well.
Key Takeaways
- A trial return to work in NC can last no longer than nine months before you must decide whether to continue or stop.
- You must fill out Form 28U immediately after stopping work during an unsuccessful trial return — do not wait.
- The form requires you to document when you returned to work, how long the trial period lasted, and the specific reason you can no longer continue.
- Your treating physician must sign Form 28U to confirm your workers' compensation injury is preventing you from working.
- If your trial return was with a different employer than your original one, you must also complete the "Employee's Release and Request for Employment Information" section of the form.
- Filing Form 28U protects your right to have workers' compensation benefits reinstated after an unsuccessful return to work.
