No announcement yet.

Retention of Work Comp records NC

  • Filter
  • Time
  • Show
Clear All
new posts

  • Retention of Work Comp records NC

    I am in North Carolina.
    Last year we had an office fire and all my workers comp files were smoke damaged and then water damaged as well. They were salvaged and still readable, but some are in poor shape. I had kept them since I took on the job, as I had space and wasn't sure how long they were to be retained. I was hoping to be able to shred some of the older ones, since they smell like a campfire and are possibly a little carcinogenic.
    I did an online search to find out how long these records must be kept, and found disparate recommendations ranging from two or three years to "forever." I believe the "forever" recommendation was contingent on some particular type of documentation, but that was pretty vague, as well.
    Can someone give me the legal requirements for industrial injury record retention in North Carolina?

  • #2
    I don't know off the top of my head but I bet these folks could tell you.


    • #3
      Thanks, ladycathryn. I just emailed them.


      • #4
        The Industrial Commission didn't know, and suggested I contact my Workers Comp insurance provider. Hopefully that will get me an answer.


        • #5
          We used to have an NC workers comp attorney who posted here. I'm sorry he's not still around to help. I know someone who might have some info - I'll point her at you.


          • #6
            I'd appreciate it. I did contact my workers comp insurance provider, who relayed my question to their defense counsel, who came back with a very vague, "For most personnel record, 3 years past the employee’s termination date is a fairly accepted standard." What they meant, I believe, was, "We don't know and aren't going to try to find out." I'll keep pursuing other avenues, as well. Thanks.


            • #7
              Okay, here's her answer, cut and pasted directly from her FB message. Anywhere it says. I, or me, that's her talking.

              It depends what kind of records these are. Are we talking OSHA? Because that is a whole separate ballgame. If these are truly just WC claim files, are they self-insured? Doesn't sound like it. If not, do they have an agreement with their insurer/TPA that the files are company property and the insurer/TPA is the custodian of those records? (I have this agreement with mine) If so, then whatever is on site is just a duplicate copy for convenience sake and there is no need to keep any of it. This is especially true if the insurer is in the 20th century and the claims records are kept in an online portal that the employer can access at any time should the need or OSHA arise (also my situation).