North Carolina Administrative Code › Title 11 - INSURANCE › Chapter 23 - INDUSTRIAL COMMISSION › Subchapter A - WORKERS' COMPENSATION RULES › Section .0300 - INSURANCE › Section 23A .0301 - PROOF OF INSURANCE COVERAGE

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Every
				  employer, either personally or through its carrier or third party
				  administrator, subject to the provisions of the Workers' Compensation Act shall
				  file with the Commission proof that it has obtained workers' compensation
				  insurance, and shall post notice of proof of insurance to employees consistent
				  with Rule .0201 of this Subchapter.
(b) Upon actual notice of a workers'
				  compensation claim or upon reporting a workers' compensation claim to a
				  carrier, third party administrator, servicing agent, professional employer
				  organization as defined in
				  G.S.
				  58-89A-5(14), or the
				  Commission, all employers shall provide the injured worker with the name of
				  their insurance carrier and policy number or shall inform the injured worker of
				  their self-insured status, membership in a self-insurance group or relationship
				  with a professional employer organization that provides the insurance
				  coverage.
(c) Every carrier, third
				  party administrator, servicing agent, or other entity filing a Form 19
Employer's Report of Employee's Injury or Occupational Disease to the
				  Industrial Commission
shall identify by name and address any
				  professional employer organization and the name of the client company employing
				  the employee who is the subject of the Form 19
Employer's Report of
				  Employee's Injury or Occupational Disease to the Industrial
				  Commission
.
(d) A
				  professional employer organization shall, within 30 days of initiation or
				  termination of the professional employer organization's relationship with any
				  client company, notify the Commission of either the initiation or termination
				  of the relationship and the status of the client company's workers'
				  compensation coverage.
(e) Upon
				  notice from the Commission that an employer is non-insured, coverage has lapsed
				  or been canceled, or coverage or self-insured status cannot be verified, an
				  employer shall show proof of coverage to the Commission by:
(1) a certificate of insurance issued by the
				  insurance agent who procured workers' compensation insurance on behalf of the
				  employer;
(2) submitting a copy of
				  the letter of approval, license or amended license with subsidiary information,
				  if applicable, from the North Carolina Department of Insurance notifying or
				  indicating the employer has qualified as a self-insured employer for workers'
				  compensation purposes;
(3)
				  submitting a copy of the Form 18WC Application for Membership indicating the
				  employer is a member of a self-insurance group or fund;
(4) submitting a copy of a declaration of
				  coverage page from an insurance policy procured in another state that indicates
				  North Carolina is a covered jurisdiction under the workers' compensation
				  policy;
(5) submitting the names of
				  the general contractor, subcontractor, professional employer organization or
				  other entity that has provided workers' compensation coverage for the employer;
				  provided however, that coverage shall be verified by the Commission in order to
				  be removed from the non-insured docket; or
(6) submitting other documentation or
				  information relevant to the workers' compensation claim upon request of the
				  Commission.