NC General Statutes

N.C. Gen. Stat. § 115D-23 (2026)

Workers' Compensation Act applicable to institutional employees

✓ current as of July 2026

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The provisions of Chapter 97 of the General Statutes of North Carolina, the Workers' Compensation Act, shall apply to all institutional employees. The State Board of Community Colleges shall make the necessary arrangements to carry out those provisions of Chapter 97 which are applicable to employees whose wages are paid in whole or in part from State funds. The State shall be liable for compensation, based upon the average weekly wage as defined in the act, of an employee regardless of the portion of his wage paid from other than State funds.

The board of trustees of each institution shall be liable for workers' compensation for employees whose salaries or wages are paid by the board entirely from local public or special funds. Each board of trustees is authorized to purchase insurance to cover workers' compensation liability and to include the cost of insurance in the annual budget of the institution.

The provisions of this section shall not apply to any person, firm or corporation making voluntary contributions to institutions for any purpose, and such a person, firm, or corporation shall not be liable for the payment of any sum of money under the provisions of this section. (1963, c. 448, s. 23; 1979, c. 462, s. 2; c. 714, s. 2; c. 896, s. 13; 1979, 2nd Sess., c. 1130, s. 1.)

Notes of Decisions

Cited in 3 cases, 2007–2011 · leading case: North Carolina Ins. Guar. Ass'n v. Bd. of Trs., 691 S.E.2d 694 (N.C. 2010).

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North Carolina Ins. Guar. Ass'n v. Bd. of Trs., 691 S.E.2d 694 (N.C. 2010). · cites it 28× “§ 97-7 and "has expressly authorized the State and community college institutions to purchase workers' compensation insurance" under N.C.G.S. § 115D-23. In addition, NCIGA noted that N.”

Blackburn v. Trs. of Guilford Technical Cmty. Coll., 822 F. Supp. 2d 539 (M.D.N.C. 2011). · cites it 4× “” N.C. Gen.Stat. § 115D-23. Moreover, the Community College System is deemed “a principal administrative department of State government” and falls “under the direction of the State Board of Community Colleges.”

North Carolina Ins. Guar. Ass'n v. Bd. of Trs. of Guilford Technical Cmty. Coll., 648 S.E.2d 859 (N.C. Ct. App. 2007). · cites it 2× “N.C. Gen. Stat. § 115D-23 (2005). Further, community colleges are authorized to “purchase insurance to cover workers’ compensation liability.”

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