North Carolina Workers’ Compensation Act

The following information is from the North Carolina Industrial Commission, an agency of the State of North Carolina created by the General Assembly in 1929 to administer the North Carolina Workers’ Compensation Act.

§97-1. Short title
§97-1.1. References to workmen’s compensation.
§97-2. Definitions.
§97-3. Presumption that all employers and employees have come under provisions of Article.
§97-4. [Repealed.]
§97-5. Presumption as to contract of service.
§97-6. No special contract can relieve an employer of obligations.
§97-6.1. [Repealed.]
§97-7. State or subdivision and employees thereof.
§97-8. Prior injuries and deaths unaffected.
§97-9. Employer to secure payment of compensation.
§97-10. [Repealed.]
§97-10.1. Other rights and remedies against employer excluded.
§97-10.2. Rights under Article not affected by liability of third party; rights and remedies against third parties.
§97-10.3. Minors illegally employed.
§97-11. Employer not relieved of statutory duty.
§97-12. Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.
§97-13. Exceptions from provisions of Article.
§97-14 through §97-16. [Repealed.]
§97-17. Settlements allowed in accordance with Article.
§97-18. Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties.
§97-18.1. Termination or suspension of compensation benefits.
§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.
§97-19.1. Truck, tractor, or truck tractor trailer driver’s status as employee or independent contractor.
§97-20. Priority of compensation claims against assets of employer.
§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.
§97-22. Notice of accident to employer.
§97-23. What notice is to contain; defects no bar; notice personally or by registered letter or certified mail.
§97-24. Right to compensation barred after two years; destruction of records.
§97-25. Medical treatment and supplies.
§97-25.1. Limitation of duration of medical compensation.
§97-25.2. Managed care organizations.
§97-25.3. Preauthorization.
§97-25.4. Utilization guidelines for medical treatment.
§97-25.5. Utilization guidelines for vocational and other rehabilitation.
§97-25.6. Reasonable access to medical information.
§97-26. Fees allowed for medical treatment; malpractice of physician.
§97-26.1. Fees for medical records and reports; expert witnesses.
§97-27. Medical examination; facts not privileged; refusal to be examined suspends compensation; autopsy.
§97-28. Seven-day waiting period; exceptions.
§97-29. Compensation rates for total incapacity.
§97-29.1. Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973.
§97-30. Partial incapacity.
§97-31. Schedule of injuries; rate and period of compensation.
§97-31.1. [Note: Effective until January 1, 1997, contingent on approval of constitutional amendments.] Effective date of legislative changes in benefits.
§97-32. Refusal of injured employee to accept suitable employment as suspending compensation.
§97-32.1. Trial return to work.
§97-33. Prorating in event of earlier disability or injury.
§97-34. Employee receiving an injury when being compensated for former injury.
§97-35. How compensation paid for two injuries; employer liable only for subsequent injury.
§97-36. Accidents taking place outside State; employees receiving compensation from another state.
§97-37. Where injured employee dies before total compensation is paid.
§97-38. Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents.
§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.
§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.
§97-40.1. Second Injury Fund.
§97-41. [Repealed.]
§97-42. Deduction of payments.
§97-42.1. Credit for unemployment benefits.
§97-43. Commission may prescribe monthly or quarterly payments.
§97-44. Lump sums.
§97-45. Reducing to judgment outstanding liability of insurance carriers withdrawing from State.
§97-46. Lump sum payments to trustee; receipt to discharge employer.
§97-47. Change of condition; modification of award.
§97-47.1. Payment without prejudice; limitations period.
§97-48. Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer.
§97-49. Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc.
§97-50. Limitation as against minors or mentally incompetent.
§97-51. Joint employment; liabilities.
§97-52. Occupational disease made compensable; “accident” defined.
§97-53. Occupational diseases enumerated; when due to exposure to chemicals.
§97-54. “Disablement” defined.
§97-55. “Disability” defined.
§97-56. Limitation on compensable diseases.
§97-57. Employer liable.
§97-58. Time limit for filing claims.
§97-59. Employer to pay for treatment.
§97-60. [Repealed.]
§97-61. [Rewritten as §§97-61.1 to 97-61.7.]
§97-61.1. First examination of and report on employee having asbestosis or silicosis.
§97-61.2. Filing of first report; right of hearing; effect of report as testimony.
§97-61.3. Second examination and report.
§97-61.4. Third examination and report.
§97-61.5. Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation.
§97-61.6. Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis.
§97-61.7. Waiver of right to compensation as alternative to forced change of occupation.
§97-62. “Silicosis” and “asbestosis” defined.
§97-63. Period necessary for employee to be exposed.
§97-64. General provisions of act to control as regards benefits.
§97-65. Reduction of rate where tuberculosis develops.
§97-66. Claim where benefits are discontinued.
§97-67. Postmortem examinations; notice to next of kin and insurance carrier.
§97-68. Controverted medical questions.
§97-69. Examination by advisory medical committee; inspection of medical reports.
§97-70. Report of committee to Industrial Commission.
§97-71. Filing report; right of hearing on report.
§97-72. Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses.
§97-73. Fees.
§97-74. Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.
§97-75. [Repealed.]
§97-76. [Repealed.]
§97-77. North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
§97-77.1. [Note: Expires July 1, 1997.] Advisory council.
§97-78. Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.
§97-79. Offices and supplies; deputies with power to subpoena witnesses and to take testimony, meetings, hearings.
§97-80. Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.
§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.
§97-82. Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award.
§97-83. Commission is to make award after hearing.
§97-83.1. Facilities for hearings; security.
§97-84. Determination of disputes by Commission or deputy.
§97-85. Review of award.
§97-86. [Note: Effective October 1, 1996.] Award conclusive as to facts; appeal; certified questions of law.
§97-86.1. Payment of award pending appeal in certain cases.
§97-86.2. Interest on awards after hearing.
§97-87. Filing agreements approved by Commission or awards judgment in accordance therewith; discharge or restoration of lien.
§97-88. Expenses of appeals brought by insurers.
§97-88.1. Attorney’s fees at original hearing.
§97-88.2. Penalty for misrepresentation.
§97-88.3. Penalty for health care providers.
§97-89. Commission may appoint qualified physician to make necessary examinations; expenses; fees.
§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.
§97-90.1. Insurers that provide employee’s health benefit plans, disability income plans, or any other health insurance plans.
§97-91. Commission to determine all questions.
§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.
§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.
§97-94. Employers required to give proof that they have complied with preceding section; penalty for not keeping liability insured; review; liability for compensation; failure to secure payment of compensation a misdemeanor.
§97-95. Actions against employers failing to effect insurance or qualify as self-insurer.
§97-96. [Repealed.]
§97-97. Insurance policies must contain clause that notice to employer is notice to insurer, etc.
§97-98. Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default.
§97-99. Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards.
§97-100. Rates for insurance; carrier to make reports for determination of solvency; tax upon premium; returned or canceled premiums; reports of premiums collected; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices tocarrier; employer who carries own risk shall make report on payroll.
§97-101. Collection of fines and penalties.

ARTICLE 2.
Compensation Rating and Inspection Bureau.

§97-102 through §97-104.6. [Repealed.]

ARTICLE 3.
Security Funds.

§97-105 through §97-122. [Repealed.]
§97-123 through §97-129. [Reserved.]

ARTICLE 4.
North Carolina Self-Insurance Security Association.

§97-130. Definitions.
§97-131. Creation
§97-132. Board of directors.
§97-133. Powers and duties of the Association.
§97-134. Plan of Operation.
§97-135. Insolvency
§97-136. Powers and duties of the Commissioner.
§97-137. Examination of the Association.
§97-138. Tax exemption.
§97-139. Immunity.
§97-140. Nonduplication of recovery.
§97-141. Stay of proceedings.
§97-142. Disposition of assets upon dissolution.
§97-143. Use of deposits made by insolvent member self-insurers.

ARTICLE 5.
Individual Employers.

§97-165. Definitions.
§97-170. License applications; required information.
§97-175. License.
§97-177. License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements.
§97-180. Reporting and records.
§97-185. Deposits; surety bonds; letters of credit.
§97-190. Excess insurance.
§97-195. Revocation, suspension or restriction of license.
§97-196. Civil penalties or restitution for violations; administrative procedure.
§97-200. Claims administration.