NC Form 28U: Reinstating Comp After Failed Trial RTW

When a North Carolina injured worker tries returning to work and cannot continue, Form 28U asks that total disability compensation be resumed immediately. The worker names the trial employer, the dates worked and the reasons for stopping. The request must carry an authorized treating physician's statement that the worker is unable to continue the trial return to work because of the compensable injury.

Who completes it

The employee completes Section A and, if the trial job was with a different employer, the Section B release of employment information. An authorized treating physician completes item 3, the Treating Physician's Statement, with medical specialty, signature, printed name, date and address.

Submitting and payment

How to submit it
The employee sends the original to the Industrial Commission by email, fax or mail and a copy to the employer and carrier/administrator that were paying compensation. Attorneys and carriers file through the Commission's Electronic Document Filing Portal.

Good to know

  • The form states the employee must obtain the physician statement before filing, so the patient may bring the form to a visit for signature.
  • The physician certifies one specific point: the employee cannot continue the trial return to work due to the injury for which compensation has been paid.
  • If the trial work was with a different employer, Section B authorizes that employer to release the first and last dates worked, total wages and the reason employment ended.
  • Form 28T is the notice that compensation was terminated because of a trial return to work; Form 28U is the employee's request to restart it.

Get the official form

Download the current version from the source each time; forms change without notice.

Employee's Request that Compensation be Reinstated After Unsuccessful Trial Return to Work

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Frequently asked questions

Who can sign the physician statement on Form 28U?

An authorized treating physician. Item 3 of Section A says the employee must obtain the Treating Physician's Statement from an authorized treating physician, who certifies that the employee is unable to continue the trial return to work because of the injury for which compensation has been paid, and adds a medical specialty.

What does Form 28U ask the employee to explain?

The employee requests that total disability compensation be resumed immediately, names the employer for the trial return to work, gives the date first worked and the date last worked, and explains in detail the reasons for no longer working. The date of the original injury or disability is also required.

Does the physician send Form 28U to the Commission?

No. The physician completes and signs the statement and returns the form to the employee. The employee sends the original to the Industrial Commission and a copy to the employer and carrier/administrator from whom compensation was received.