North Carolina General Statutes — Chapter 97
151 sections. Sourced from ncleg.gov; each section links to its full text with case-law cross-references.
- § 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
- § 97-5 Presumption as to contract of service
- § 97-5.1 Presumption that taxicab drivers are independent contractors
- § 97-6 No special contract can relieve an employer of obligations
- § 97-7 State or subdivision and employees thereof
- § 97-8 Prior injuries and deaths unaffected
- § 97-9 Employer to secure payment of compensation
- § 97-10.1 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
- § 97-12.1 Willful misrepresentation in applying for employment
- § 97-13 Exceptions from provisions of Article
- § 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; communications with health care providers
- § 97-26.2 Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services
- § 97-27 Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy
- § 97-28 Seven-day waiting period; exceptions
- § 97-29 (Effective July 1, 2027) Rates and duration of compensation 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 (Effective July 1, 2027) Schedule of injuries; rate and period of compensation
- § 97-31.1 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
- § 97-32.2 Vocational rehabilitation
- § 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
- § 97-42 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 (See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals
- § 97-54 quot;Disablement" defined
- § 97-55 quot;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
- § 97-61.1 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 quot;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
- § 97-77 North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman
- § 97-78 Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report
- § 97-78.1 Standards of judicial conduct to apply to commissioners and deputy commissioners
- § 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 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 Judgments on awards
- § 97-88 Expenses of appeals brought by insurers
- § 97-88.1 Attorney's fees at original hearing
- § 97-88.2 Penalty for fraud
- § 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 as real parties in interest; reimbursement
- § 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; criminal penalties for failure to secure payment of compensation
- § 97-95 Actions against employers failing to effect insurance or qualify as self-insurer
- § 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
- § 97-101 Collection of fines and penalties
- § 97-101.1 Commission may issue writs of habeas corpus
- § 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
- § 97-165 Definitions
- § 97-170 License applications; required information
- § 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