North Carolina General Statutes Chapter 97 Workers' Compensation Act

Article 1 - Workers' Compensation Act.

  • N.C. Gen. Stat. § 97-1.   Short title
    This Article shall be known and cited as The North Carolina Workers' Compensation Act. (1929, c. 120, s. 1; 1979, c. 714, s. 1.)
  • N.C. Gen. Stat. § 97-1.1.   References to workmen's compensation
    Any reference in any act, public or local, to the "Workmen's Compensation Act," "Workmen's Compensation," or "workmen's compensation" shall be deemed to refer respectively...
  • N.C. Gen. Stat. § 97-2.   Definitions
    When used in this Article, unless the context otherwise requires: (1) Employment. - The term "employment" includes employment by the State and all political...
  • N.C. Gen. Stat. § 97-3.   Presumption that all employers and employees have come under provisions of Article
    From and after January 1, 1975, every employer and employee, as hereinbefore defined and except as herein stated, shall be presumed to have accepted...
  • N.C. Gen. Stat. § 97-4.   Repealed by Session Laws 1973, c. 1291, s. 2
  • N.C. Gen. Stat. § 97-5.   Presumption as to contract of service
    Every contract of service between any employer and employee covered by this Article, written or implied, now in operation or made or implied prior...
  • N.C. Gen. Stat. § 97-5.1.   Presumption that taxicab drivers are independent contractors
    (a) It shall be a rebuttable presumption under this Chapter that any person who operates, and who has an ownership or leasehold interest in,...
  • N.C. Gen. Stat. § 97-6.   No special contract can relieve an employer of obligations
    No contract or agreement, written or implied, no rule, regulation, or other device shall in any manner operate to relieve an employer in whole...
  • N.C. Gen. Stat. § 97-6.1.   Repealed by 1991 (Regular Session, 1992), c. 1021, s. 4
  • N.C. Gen. Stat. § 97-7.   State or subdivision and employees thereof
    Neither the State nor any municipal corporation within the State, nor any political subdivision thereof, nor any employee of the State or of any...
  • N.C. Gen. Stat. § 97-8.   Prior injuries and deaths unaffected
    The provisions of this Article shall not apply to injuries or deaths, nor to accidents which occurred prior to July 1, 1929. (1929, c....
  • N.C. Gen. Stat. § 97-9.   Employer to secure payment of compensation
    Every employer subject to the compensation provisions of this Article shall secure the payment of compensation to his employees in the manner hereinafter provided;...
  • N.C. Gen. Stat. § 97-10.   Repealed by Session Laws 1959, c. 1324
  • N.C. Gen. Stat. § 97-10.1.   Other rights and remedies against employer excluded
    If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights and remedies herein...
  • N.C. Gen. Stat. § 97-10.2.   Rights under Article not affected by liability of third party; rights and remedies against third parties
    (a) The right to compensation and other benefits under this Article for disability, disfigurement, or death shall not be affected by the fact that...
  • N.C. Gen. Stat. § 97-10.3.   Minors illegally employed
    In any case where an employer and employee are subject to the provisions of this Chapter, any injury to a minor while employed contrary...
  • N.C. Gen. Stat. § 97-11.   Employer not relieved of statutory duty
    Nothing in this Article shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty....
  • N.C. Gen. Stat. § 97-12.   Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule
    No compensation shall be payable if the injury or death to the employee was proximately caused by: (1) His intoxication, provided the intoxicant was...
  • N.C. Gen. Stat. § 97-12.1.   Willful misrepresentation in applying for employment
    No compensation shall be allowed under this Article for injury by accident or occupational disease if the employer proves that (i) at the time...
  • N.C. Gen. Stat. § 97-13.   Exceptions from provisions of Article
    (a) Employees of Certain Railroads. - This Article shall not apply to railroads or railroad employees nor in any way repeal, amend, alter or...
  • N.C. Gen. Stat. § 97-14 through 97-16.   Repealed by Session Laws 1973, c. 1291, ss. 7-9
  • N.C. Gen. Stat. § 97-17.   Settlements allowed in accordance with Article
    (a) This article does not prevent settlements made by and between the employee and employer so long as the amount of compensation and the...
  • N.C. Gen. Stat. § 97-18.   Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties
    (a) Compensation under this Article shall be paid periodically, promptly and directly to the person entitled thereto unless otherwise specifically provided. (b) When the...
  • N.C. Gen. Stat. § 97-18.1.   Termination or suspension of compensation benefits
    (a) Payments of compensation pursuant to an award of the Commission shall continue until the terms of the award have been fully satisfied. (b)...
  • N.C. Gen. Stat. § 97-19.   Liability of principal contractors; certificate that subcontractor has complied with law; right to recover compensation of those who would have been liable; order of liability
    Any principal contractor, intermediate contractor, or subcontractor who shall sublet any contract for the performance of any work without obtaining from such subcontractor or...
  • N.C. Gen. Stat. § 97-19.1.   Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor
    (a) An individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer licensed by a governmental motor...
  • N.C. Gen. Stat. § 97-20.   Priority of compensation claims against assets of employer
    All rights of compensation granted by this Article shall have the same preference or priority for the whole thereof against the assets of the...
  • N.C. Gen. Stat. § 97-21.   Claims unassignable and exempt from taxes and debts; agreement of employee to contribute to premium or waive right to compensation void; unlawful deduction by employer
    No claim for compensation under this Article shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors...
  • N.C. Gen. Stat. § 97-22.   Notice of accident to employer
    Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable, give or cause to...
  • N.C. Gen. Stat. § 97-23.   What notice is to contain; defects no bar; notice personally or by registered letter or certified mail
    The notice provided in the foregoing section [G.S. 97-22] shall state in ordinary language the name and address of the employee, the time, place,...
  • N.C. Gen. Stat. § 97-24.   Right to compensation barred after two years; destruction of records
    (a) The right to compensation under this Article shall be forever barred unless (i) a claim or memorandum of agreement as provided in G.S....
  • N.C. Gen. Stat. § 97-25.   Medical treatment and supplies
    (a) Medical compensation shall be provided by the employer. (b) Upon the written request of the employee to the employer, the employer may agree...
  • N.C. Gen. Stat. § 97-25.1.   Limitation of duration of medical compensation
    The right to medical compensation shall terminate two years after the employer's last payment of medical or indemnity compensation unless, prior to the expiration...
  • N.C. Gen. Stat. § 97-25.2.   Managed care organizations
    The requirements of G.S. 97-25 may be satisfied by contracting with a managed care organization. Notwithstanding any other provision of this Article, if an...
  • N.C. Gen. Stat. § 97-25.3.   Preauthorization
    (a) An insurer may require preauthorization for inpatient admission to a hospital, inpatient admission to a treatment center, and inpatient or outpatient surgery. The...
  • N.C. Gen. Stat. § 97-25.4.   Utilization guidelines for medical treatment
    (a) The Commission may adopt utilization rules and guidelines, consistent with this Article, for medical care and medical rehabilitation services, other than those services...
  • N.C. Gen. Stat. § 97-25.5.   Utilization guidelines for vocational and other rehabilitation
    The Commission may adopt utilization rules and guidelines, consistent with this Article, for vocational rehabilitation services and other types of rehabilitation services. In developing...
  • N.C. Gen. Stat. § 97-25.6.   Reasonable access to medical information
    (a) Notwithstanding any provision of G.S. 8-53 to the contrary, and because discovery is limited pursuant to G.S. 97-80, it is the policy of...
  • N.C. Gen. Stat. § 97-26.   Fees allowed for medical treatment; malpractice of physician
    (a) Fee Schedule. - The Commission shall adopt by rule a schedule of maximum fees for medical compensation and shall periodically review the schedule...
  • N.C. Gen. Stat. § 97-26.1.   Fees for medical records and reports; expert witnesses; communications with health care providers
    The Commission may establish maximum fees for the following when related to a claim under this Article: (i) the searching, handling, copying, and mailing...
  • N.C. Gen. Stat. § 97-27.   Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy
    (a) After an injury, and so long as the employee claims compensation, the employee, if so requested by his or her employer or ordered...
  • N.C. Gen. Stat. § 97-28.   Seven-day waiting period; exceptions
    No compensation, as defined in G.S. 97-2(11), shall be allowed for the first seven calendar days of disability resulting from an injury, except the...
  • N.C. Gen. Stat. § 97-29.   Rates and duration of compensation for total incapacity
    (a) When an employee qualifies for total disability, the employer shall pay or cause to be paid, as hereinafter provided by subsections (b) through...
  • N.C. Gen. Stat. § 97-29.1.   Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973
    In all cases of total and permanent disability occurring prior to July 1, 1973, weekly compensation payments shall be increased effective July 1, 1977,...
  • N.C. Gen. Stat. § 97-30.   Partial incapacity
    Except as otherwise provided in G.S. 97-31, where the incapacity for work resulting from the injury is partial, the employer shall pay, or cause...
  • N.C. Gen. Stat. § 97-31.   Schedule of injuries; rate and period of compensation
    In cases included by the following schedule the compensation in each case shall be paid for disability during the healing period and in addition...
  • N.C. Gen. Stat. § 97-31.1.   Effective date of legislative changes in benefits
    Every act of the General Assembly that changes the benefits enumerated in this Chapter shall become law no later than June 1 and shall...
  • N.C. Gen. Stat. § 97-32.   Refusal of injured employee to accept suitable employment as suspending compensation
    If an injured employee refuses suitable employment as defined by G.S. 97-2(22), the employee shall not be entitled to any compensation at any time...
  • N.C. Gen. Stat. § 97-32.1.   Trial return to work
    Notwithstanding the provisions of G.S. 97-32, an employee may attempt a trial return to work for a period not to exceed nine months. During...
  • N.C. Gen. Stat. § 97-32.2.   Vocational rehabilitation
    (a) In a compensable claim, the employer may engage vocational rehabilitation services at any point during a claim, regardless of whether the employee has...
  • N.C. Gen. Stat. § 97-33.   Prorating in event of earlier disability or injury
    If any employee is an epileptic, or has a permanent disability or has sustained a permanent injury in service in the United States Army...
  • N.C. Gen. Stat. § 97-34.   Employee receiving an injury when being compensated for former injury
    If an employee receives an injury for which compensation is payable, while he is still receiving or entitled to compensation for a previous injury...
  • N.C. Gen. Stat. § 97-35.   How compensation paid for two injuries; employer liable only for subsequent injury
    If any employee receives a permanent injury as specified in G.S. 97-31 after having sustained another permanent injury in the same employment, he shall...
  • N.C. Gen. Stat. § 97-36.   Accidents taking place outside State; employees receiving compensation from another state
    Where an accident happens while the employee is employed elsewhere than in this State and the accident is one which would entitle him or...
  • N.C. Gen. Stat. § 97-37.   Where injured employee dies before total compensation is paid
    When an employee receives or is entitled to compensation under this Article for an injury covered by G.S. 97-31 and dies from any other...
  • N.C. Gen. Stat. § 97-38.   Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents
    If death results proximately from a compensable injury or occupational disease and within six years thereafter, or within two years of the final determination...
  • N.C. Gen. Stat. § 97-39.   Widow, widower, or child to be conclusively presumed to be dependent; other cases determined upon facts; division of death benefits among those wholly dependent; when division among partially dependent
    A widow, a widower and/or a child shall be conclusively presumed to be wholly dependent for support upon the deceased employee. In all other...
  • N.C. Gen. Stat. § 97-40.   Commutation and payment of compensation in absence of dependents; "next of kin" defined; commutation and distribution of compensation to partially dependent next of kin; payment in absence of both dependents and next of kin
    Subject to the provisions of G.S. 97-38, if the deceased employee leaves neither whole nor partial dependents, then the compensation which would be payable...
  • N.C. Gen. Stat. § 97-40.1.   Second Injury Fund
    (a) There is hereby created a fund to be known as the "Second Injury Fund," to be held and disbursed by the Industrial Commission...
  • N.C. Gen. Stat. § 97-41.   Repealed by Session Laws 1973, c. 1308, s. 5
  • N.C. Gen. Stat. § 97-42.   Deduction of payments
    Payments made by the employer to the injured employee during the period of his disability, or to his dependents, which by the terms of...
  • N.C. Gen. Stat. § 97-42.1.   Credit for unemployment benefits
    If an injured employee has received unemployment benefits under the Employment Security Law for any week with respect to which he is entitled to...
  • N.C. Gen. Stat. § 97-43.   Commission may prescribe monthly or quarterly payments
    The Industrial Commission, upon application of either party, may, in its discretion, having regard to the welfare of the employee and the convenience of...
  • N.C. Gen. Stat. § 97-44.   Lump sums
    Whenever any weekly payment has been continued for not less than six weeks, the liability therefor may, in unusual cases, where the Industrial Commission...
  • N.C. Gen. Stat. § 97-45.   Reducing to judgment outstanding liability of insurance carriers withdrawing from State
    Upon the withdrawal of any insurance carrier from doing business in the State that has any outstanding liability under the Workers' Compensation Act, the...
  • N.C. Gen. Stat. § 97-46.   Lump sum payments to trustee; receipt to discharge employer
    Whenever the Industrial Commission deems it expedient any lump sum, subject to the provisions of G.S. 97-44, shall be paid by the employer to...
  • N.C. Gen. Stat. § 97-47.   Change of condition; modification of award
    Upon its own motion or upon the application of any party in interest on the grounds of a change in condition, the Industrial Commission...
  • N.C. Gen. Stat. § 97-47.1.   Payment without prejudice; limitations period
    When the employer has paid compensation without prejudice but timely contested liability as provided in G.S. 97-18(d), the right, if any, to further indemnity...
  • N.C. Gen. Stat. § 97-48.   Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer
    (a) Whenever payment of compensation is made to a widow or widower for her or his use, or for her or his use and...
  • N.C. Gen. Stat. § 97-49.   Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc
    If an injured employee is mentally incompetent or is under 18 years of age at the time when any right or privilege accrues to...
  • N.C. Gen. Stat. § 97-50.   Limitation as against minors or mentally incompetent
    No limitation of time provided in this Article for the giving of notice or making claim under this Article shall run against any person...
  • N.C. Gen. Stat. § 97-51.   Joint employment; liabilities
    Whenever an employee, for whose injury or death compensation is payable under this Article, shall at the time of the injury be in joint...
  • N.C. Gen. Stat. § 97-52.   Occupational disease made compensable; "accident" defined
    Disablement or death of an employee resulting from an occupational disease described in G.S. 97-53 shall be treated as the happening of an injury...
  • N.C. Gen. Stat. § 97-53.   (See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals
    The following diseases and conditions only shall be deemed to be occupational diseases within the meaning of this Article: (1) Anthrax. (2) Arsenic poisoning....
  • N.C. Gen. Stat. § 97-54.   "Disablement" defined
    The term "disablement" as used in this Article as applied to cases of asbestosis and silicosis means the event of becoming actually incapacitated because...
  • N.C. Gen. Stat. § 97-55.   "Disability" defined
    The term "disability" as used in this Article means the state of being incapacitated as the term is used in defining "disablement" in G.S....
  • N.C. Gen. Stat. § 97-56.   Limitation on compensable diseases
    The provisions of this Article shall apply only to cases of occupational disease in which the last exposure in an occupation subject to the...
  • N.C. Gen. Stat. § 97-57.   Employer liable
    In any case where compensation is payable for an occupational disease, the employer in whose employment the employee was last injuriously exposed to the...
  • N.C. Gen. Stat. § 97-58.   Time limit for filing claims
    (a) Repealed by Session Laws 1987, c. 729, s. 13. (b) The report and notice to the employer as required by G.S. 97-22 shall...
  • N.C. Gen. Stat. § 97-59.   Employer to pay for treatment
    Medical compensation shall be paid by the employer in cases in which awards are made for disability or damage to organs as a result...
  • N.C. Gen. Stat. § 97-60.   Repealed by Session Laws 2003-284, s. 10.33(a), effective July 1, 2003
  • N.C. Gen. Stat. § 97-61.   Rewritten as 97-61.1 to 97-61.7
  • N.C. Gen. Stat. § 97-61.1.   First examination of and report on employee having asbestosis or silicosis
    When the Industrial Commission is advised by an employer or employee that an employee has or allegedly has asbestosis or silicosis, the employee, when...
  • N.C. Gen. Stat. § 97-61.2.   Filing of first report; right of hearing; effect of report as testimony
    The advisory medical committee shall file its report in triplicate with the Industrial Commission, which shall send one copy thereof to the claimant and...
  • N.C. Gen. Stat. § 97-61.3.   Second examination and report
    As soon as practicable after the expiration of one year following the initial examination by the advisory medical committee and when ordered by the...
  • N.C. Gen. Stat. § 97-61.4.   Third examination and report
    As soon as practicable after the expiration of two years from the first examination and when ordered by the Industrial Commission, the employee shall...
  • N.C. Gen. Stat. § 97-61.5.   Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation
    (a) After the employer and employee have received notice of the first committee report, the Industrial Commission, unless it has already approved an agreement...
  • N.C. Gen. Stat. § 97-61.6.   Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis
    After receipt by the employer and employee of the advisory medical committee's third report, the Industrial Commission, unless it has approved an agreement between...
  • N.C. Gen. Stat. § 97-61.7.   Waiver of right to compensation as alternative to forced change of occupation
    An employee who has been compensated under the terms of G.S. 97-61.5(b) as an alternative to forced change of occupation, may, subject to the...
  • N.C. Gen. Stat. § 97-62.   "Silicosis" and "asbestosis" defined
    The word "silicosis" shall mean the characteristic fibrotic condition of the lungs caused by the inhalation of dust of silica or silicates. "Asbestosis" shall...
  • N.C. Gen. Stat. § 97-63.   Period necessary for employee to be exposed
    Compensation shall not be payable for disability or death due to silicosis and/or asbestosis unless the employee shall have been exposed to the inhalation...
  • N.C. Gen. Stat. § 97-64.   General provisions of act to control as regards benefits
    Except as herein otherwise provided, in case of disablement or death from silicosis and/or asbestosis, compensation shall be payable in accordance with the provisions...
  • N.C. Gen. Stat. § 97-65.   Reduction of rate where tuberculosis develops
    In case of disablement or death due primarily from silicosis and/or asbestosis and complicated with tuberculosis of the lungs compensation shall be payable as...
  • N.C. Gen. Stat. § 97-66.   Claim where benefits are discontinued
    Where compensation payments have been made and discontinued, and further compensation is claimed, the claim for further compensation shall be made within two years...
  • N.C. Gen. Stat. § 97-67.   Postmortem examinations; notice to next of kin and insurance carrier
    Upon the filing of a claim for death from an occupational disease where in the opinion of the Industrial Commission a postmortem examination is...
  • N.C. Gen. Stat. § 97-68.   Controverted medical questions
    The Industrial Commission may at its discretion refer to the advisory medical committee controverted medical questions arising out of occupational disease claims other than...
  • N.C. Gen. Stat. § 97-69.   Examination by advisory medical committee; inspection of medical reports
    The advisory medical committee, upon reference to it of a case of occupational disease shall notify the employee, or, in case he is dead,...
  • N.C. Gen. Stat. § 97-70.   Report of committee to Industrial Commission
    The advisory medical committee, shall, as soon as practicable after it has completed its consideration of a case, report to the Industrial Commission its...
  • N.C. Gen. Stat. § 97-71.   Filing report; right of hearing on report
    The advisory medical committee shall file its report in triplicate with the Industrial Commission, which shall send one copy thereof to the claimant and...
  • N.C. Gen. Stat. § 97-72.   Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses
    (a) There shall be an advisory medical committee consisting of three members, who shall be licensed physicians in good professional standing and peculiarly qualified...
  • N.C. Gen. Stat. § 97-73.   Fees
    (a) Claims. - The Industrial Commission may establish by rule a schedule of fees for examinations conducted, reports made, documents filed, and agreements reviewed...
  • N.C. Gen. Stat. § 97-74.   Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund
    In hearings arising out of claims for disability and/or death resulting from occupational diseases the Industrial Commission shall tax as a part of the...
  • N.C. Gen. Stat. § 97-75, 97-76.   Repealed by Session Laws 2003-284, s. 10.33(f), effective July 1, 2003
  • N.C. Gen. Stat. § 97-77.   North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman
    (a) There is hereby created a commission to be known as the North Carolina Industrial Commission, consisting of six commissioners who shall devote their...
  • N.C. Gen. Stat. § 97-77.1.   Expired
  • N.C. Gen. Stat. § 97-78.   Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report
    (a) The salary of each commissioner shall be the same as that fixed from time to time for district attorneys except that the commissioner...
  • N.C. Gen. Stat. § 97-78.1.   Standards of judicial conduct to apply to commissioners and deputy commissioners
    The Code of Judicial Conduct for judges of the General Court of Justice and the procedure for discipline of judges in Article 30 of...
  • N.C. Gen. Stat. § 97-79.   Offices and supplies; deputies with power to subpoena witnesses and to take testimony; meetings; hearings
    (a) The Commission shall be provided with adequate offices in which the records shall be kept and its official business transacted during regular business...
  • N.C. Gen. Stat. § 97-80.   Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs
    (a) The Commission shall adopt rules, in accordance with Article 2A of Chapter 150B of the General Statutes and not inconsistent with this Article,...
  • N.C. Gen. Stat. § 97-81.   Blank forms and literature; statistics; safety provisions; accident reports; studies and investigations and recommendations to General Assembly; to cooperate with other agencies for prevention of injury
    (a) The Commission shall prepare and cause to be printed, and upon request furnish, free of charge to any employee or employer, such blank...
  • N.C. Gen. Stat. § 97-82.   Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award
    (a) If the employer and the injured employee or his dependents reach an agreement in regard to compensation under this Article, they may enter...
  • N.C. Gen. Stat. § 97-83.   Commission is to make award after hearing
    If the employer and the injured employee or his dependents fail to reach an agreement in regard to benefits under this Article within 14...
  • N.C. Gen. Stat. § 97-83.1.   Facilities for hearings; security
    The senior resident superior court judge shall provide suitable facilities for the conduct of hearings under this Article in the county or counties within...
  • N.C. Gen. Stat. § 97-84.   Determination of disputes by Commission or deputy
    The Commission or any of its members shall hear the parties at issue and their representatives and witnesses, and shall determine the dispute in...
  • N.C. Gen. Stat. § 97-85.   Review of award
    (a) If application is made to the Commission within 15 days from the date when notice of the award shall have been given, the...
  • N.C. Gen. Stat. § 97-86.   Award conclusive as to facts; appeal; certified questions of law
    The award of the Industrial Commission, as provided in G.S. 97-84, if not reviewed in due time, or an award of the Commission upon...
  • N.C. Gen. Stat. § 97-86.1.   Payment of award pending appeal in certain cases
    (a) When any appeal or certification to the Court of Appeals is pending, and it appears to the Commission that any part of the...
  • N.C. Gen. Stat. § 97-86.2.   Interest on awards after hearing
    In any workers' compensation case in which an order is issued either granting or denying an award to the employee and where there is...
  • N.C. Gen. Stat. § 97-87.   Judgments on awards
    (a) As used in this section, "award" includes the following: (1) A form filed, or an award arising, under G.S. 97-18(b), 97-18(d), or 97-82(b)....
  • N.C. Gen. Stat. § 97-88.   Expenses of appeals brought by insurers
    If the Industrial Commission at a hearing on review or any court before which any proceedings are brought on appeal under this Article, shall...
  • N.C. Gen. Stat. § 97-88.1.   Attorney's fees at original hearing
    If the Industrial Commission shall determine that any hearing has been brought, prosecuted, or defended without reasonable ground, it may assess the whole cost...
  • N.C. Gen. Stat. § 97-88.2.   Penalty for fraud
    (a) Any person who willfully makes a false statement or representation of a material fact for the purpose of obtaining or denying any benefit...
  • N.C. Gen. Stat. § 97-88.3.   Penalty for health care providers
    (a) In addition to any liability under G.S. 97-88.2, any health care provider who willfully or intentionally undertakes the following acts is subject to...
  • N.C. Gen. Stat. § 97-89.   Commission may appoint qualified physician to make necessary examinations; expenses; fees
    The Commission or any member thereof may, upon the application of either party, or upon its own motion, appoint a disinterested and duly qualified...
  • N.C. Gen. Stat. § 97-90.   Legal and medical fees to be approved by Commission; misdemeanor to receive fees unapproved by Commission, or to solicit employment in adjusting claims; agreement for fee or compensation
    (a) Fees for attorneys and charges of health care providers for medical compensation under this Article shall be subject to the approval of the...
  • N.C. Gen. Stat. § 97-90.1.   Insurers that provide employee's health benefit plans, disability income plans, or any other health insurance plans as real parties in interest; reimbursement
    An insurer that covers an employee under a health benefit plan as defined in G.S. 58-3-167, a disability income plan, or any other health...
  • N.C. Gen. Stat. § 97-91.   Commission to determine all questions
    All questions arising under this Article if not settled by agreements of the parties interested therein, with the approval of the Commission, shall be...
  • N.C. Gen. Stat. § 97-92.   Employer's record and report of accidents; records of Commission not open to public; supplementary report upon termination of disability; penalty for refusal to make report; when insurance carrier liable
    (a) Every employer shall hereafter keep a record of all injuries, fatal or otherwise, received by his employees in the course of their employment...
  • N.C. Gen. Stat. § 97-93.   Employers required to carry insurance or prove financial ability to pay for benefits; employers required to post notice; self-insured employers regulated by Commissioner of Insurance
    (a) Every employer subject to the provisions of this Article relative to the payment of compensation shall either: (1) Insure and keep insured his...
  • N.C. Gen. Stat. § 97-94.   Employers required to give proof that they have complied with preceding section; penalty for not keeping liability insured; review; liability for compensation; criminal penalties for failure to secure payment of compensation
    (a) Every employer subject to the compensation provisions of this Article shall file with the Commission, in form prescribed by it, as often as...
  • N.C. Gen. Stat. § 97-95.   Actions against employers failing to effect insurance or qualify as self-insurer
    As to every employer subject to the provisions of this Article who shall fail or neglect to keep in effect a policy of insurance...
  • N.C. Gen. Stat. § 97-96.   Repealed by Session Laws 1997-362, s. 7
  • N.C. Gen. Stat. § 97-97.   Insurance policies must contain clause that notice to employer is notice to insurer, etc
    All policies insuring the payment of compensation under this Article must contain a clause to the effect that, as between the employer and the...
  • N.C. Gen. Stat. § 97-98.   Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default
    No policy of insurance against liability arising under this Article shall be issued unless it contains the agreement of the insurer that it will...
  • N.C. Gen. Stat. § 97-99.   Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards
    (a) Every policy for the insurance of the compensation in this Article, or against liability therefor, shall be deemed to be made subject to...
  • N.C. Gen. Stat. § 97-100.   Rates for insurance; carrier to make reports for determination of solvency; tax upon premium; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices
    (a) The rates charged by all carriers of insurance, including the parties to any mutual insurance association writing insurance against the liability for compensation...
  • N.C. Gen. Stat. § 97-101.   Collection of fines and penalties
    The Industrial Commission shall have the power by civil action brought in its own name to enforce the collection of any fines or penalties...
  • N.C. Gen. Stat. § 97-101.1.   Commission may issue writs of habeas corpus
    The Industrial Commission may issue a writ of habeas corpus ad testificandum under Article 8 of Chapter 17 of the General Statutes although it...

Article 2 - Compensation Rating and Inspection Bureau.

  • N.C. Gen. Stat. § 97-102 through 97-104.6.   Repealed by Session Laws 1977, c. 828, s. 8, as amended by Session Laws 1979, c. 824, s. 8

Article 3 - Security Funds.

  • N.C. Gen. Stat. § 97-105 through 97-122.   Repealed by Session Laws 1991 (Regular Session, 1992), c. 802, s. 12, as amended by Session Laws 1991 (Regular Session, 1992), c. 1030, s. 51.3
  • N.C. Gen. Stat. § 97-123 through 97-129.   Reserved for future codification purposes

Article 4 - North Carolina Self-Insurance Security Association.

  • N.C. Gen. Stat. § 97-130.   Definitions
    As used in this Article: (1) "Association" means the North Carolina Self-Insurance Security Association established by G.S. 97-131. (1a) "Association Aggregate Security System" means...
  • N.C. Gen. Stat. § 97-131.   Creation
    (a) There is created a nonprofit unincorporated legal entity to be known as the North Carolina Self-Insurance Security Association. The Association is to provide...
  • N.C. Gen. Stat. § 97-132.   Board of directors
    The Board shall consist of not less than nine directors serving terms as established in the Plan. The directors shall be selected by the...
  • N.C. Gen. Stat. § 97-133.   Powers and duties of the Association
    (a) The Association shall: (1) Repealed by Session Laws 1999-219, s. 7.2, effective June 25, 1999. (1a) Administer a fund, to be known as...
  • N.C. Gen. Stat. § 97-134.   Plan of Operation
    The Plan is as follows: (1) The Board shall adopt a Plan of Operation and any amendments necessary or suitable to assure the fair,...
  • N.C. Gen. Stat. § 97-135.   Insolvency
    A member self-insurer shall be insolvent for the purposes of this Article under any of the following circumstances: (1) Determination of insolvency by a...
  • N.C. Gen. Stat. § 97-136.   Powers and duties of the Commissioner
    (a) The Commissioner shall: (1) Notify the Association of the existence of an insolvent member self-insurer not later than 30 days after he receives...
  • N.C. Gen. Stat. § 97-137.   Examination of the Association
    The Association shall be subject to examination and regulation by the Commissioner. The Board shall submit, not later than June 1 of each year,...
  • N.C. Gen. Stat. § 97-138.   Tax exemption
    The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its political subdivisions, except...
  • N.C. Gen. Stat. § 97-139.   Immunity
    There shall be no liability on the part of and no cause of action of any nature may arise against any member self-insurer, the...
  • N.C. Gen. Stat. § 97-140.   Nonduplication of recovery
    Any person having a covered claim that may be recovered under more than one insurance or self-insurance guaranty or security association or its equivalent...
  • N.C. Gen. Stat. § 97-141.   Stay of proceedings
    All claims or proceedings under this Chapter to which the insolvent member self-insurer is a party either before the Industrial Commission or a court...
  • N.C. Gen. Stat. § 97-142.   Disposition of assets upon dissolution
    In the event of dissolution of the Association, all assets remaining after provision for satisfaction of all outstanding claims shall be distributed to the...
  • N.C. Gen. Stat. § 97-143.   Use of deposits made by insolvent member self-insurers
    After the Commissioner has notified the Association, under G.S. 97-136(a), that a member is insolvent, the Commissioner shall assign and deliver to the Association,...
  • N.C. Gen. Stat. § 97-144 through 97-164.   Reserved for future codification purposes

Article 5 - Individual Employers.

  • N.C. Gen. Stat. § 97-165.   Definitions
    As used in this Article: (1) "Act" means the Workers' Compensation Act established in Article 1 of this Chapter. (1a) "Affiliate of" or "person...
  • N.C. Gen. Stat. § 97-170.   License applications; required information
    (a) No employer shall self-insure its workers' compensation liabilities under the Act unless it is licensed by the Commissioner under this Article. This subsection...
  • N.C. Gen. Stat. § 97-175.   License
    (a) After the review of the application and all supporting materials, the Commissioner shall either grant or deny a license. If a license is...
  • N.C. Gen. Stat. § 97-177.   License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements
    (a) The Commissioner may, in the Commissioner's discretion, upon request by an applicant, issue a license to an applicant or to an applicant and...
  • N.C. Gen. Stat. § 97-180.   Reporting and records
    (a) Every self-insurer shall submit, within 120 days after the end of its fiscal year, a certified audited financial statement, prepared by a CPA...
  • N.C. Gen. Stat. § 97-185.   Deposits; surety bonds; letters of credit
    (a) Repealed by Session Laws 2005-400, s. 13, effective January 1, 2006. (a1) All individual self-insurers as defined in G.S. 97-130(5b) shall participate in...
  • N.C. Gen. Stat. § 97-190.   Excess insurance
    (a) Every self-insurer, as a prerequisite for licensure under this Article, shall maintain specific and aggregate excess loss coverage through an insurance policy. A...
  • N.C. Gen. Stat. § 97-195.   Revocation, suspension or restriction of license
    (a) Repealed by Session Laws 2005-400, s. 15, effective January 1, 2006. (a1) The Commissioner may, upon at least 45 days notice and opportunity...
  • N.C. Gen. Stat. § 97-196.   Civil penalties or restitution for violations; administrative procedure
    (a) Whenever the Commissioner has reason to believe that a self-insurer has violated any of the provisions of this Article, and the violation subjects...
  • N.C. Gen. Stat. § 97-200.   Claims administration
    (a) A self-insurer shall not utilize any claims adjuster unless the adjuster is licensed under G.S. 58-33-25. (b) Every self-insurer shall comply with the...

Last modified: March 23, 2014