N.C. Gen. Stat. » Chapter 143
NC General Statutes

N.C. Gen. Stat. § 143-299 (2026)

Limitation on claims

✓ current as of July 2026
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All claims against any and all State departments, institutions, and agencies shall henceforth be forever barred unless a claim be filed with the Industrial Commission within three years after the accrual of such claim, or if death results from the accident, the claim for wrongful death shall be forever barred unless a claim be filed by the personal representative of the deceased with the Industrial Commission within two years after such death. (1951, c. 1059, s. 11; 1973, c. 659.)

 

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1991–2022 · leading case: Ray v. N.C. Dep't of Transp., 720 S.E.2d 720 (N.C. Ct. App. 2011).
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Ray v. N.C. Dep't of Transp., 720 S.E.2d 720 (N.C. Ct. App. 2011). · cites it 6× “[2] I note that with the enactment of N.C. Gen. Stat. § 143-299 .1A, the General Assembly limited the scope of the public duty doctrine.”
Jones v. Pitt Cnty. Mem'l Hosp., Inc., 410 S.E.2d 513 (N.C. Ct. App. 1991). · cites it 3× “§ 143-299 (1990), ran before the entry of the trial court’s order and “no one could extend it”; and 2) even if the statute had not run, the trial court had no jurisdiction to take action extending the statute of limitations and any such action is null and void. Defendant seeks…”
Strickland v. Univ. of North Carolina, 712 S.E.2d 888 (N.C. Ct. App. 2011). · cites it 2× “N.C. Gen. Stat. § 143-299 .1A (2009). 4 .”
Barfield v. North Carolina Dep't of Crime Control & Pub. Saf., 688 S.E.2d 467 (N.C. Ct. App. 2010). · cites it 5× “Session Law 2005-243 explicitly suspended the three year statute of limitations provided in N.C. Gen. Stat. § 143-299 (2007). On 12 January 2006, plaintiff filed a Claim for Damages Under Tort Claims Act in the North Carolina Industrial Commission alleging that Blackwood, in the…”
Univ. of Texas Sw. Med. Ctr. v. Loutzenhiser, 140 S.W.3d 351 (Tex. 2004). · cites it 2× “2d 821 , 825B826 (2002) (holding that the failure to comply with the claim presentment requirements of the state tort claims act does not deprive the court of subject matter jurisdiction); North Carolina — N.C. Gen.Stat. § 143-299 (stating that "[a]ll claims against any and all…”
Nanny's Korner Day Care Ctr. (N.C. Ct. App. 2020). · cites it 4× “N.C. Gen. Stat. §143-299 (2018). The accrual of the statute of limitations period typically begins when the plaintiff is injured or discovers he or she has been injured.”
Cedarbrook Residential Ctr. (N.C. Ct. App. 2021). · cites it 4× “1A to the STCA, which provides in pertinent part: (a) Except as provided in subsection (b) of this section, the public duty doctrine is an affirmative defense on the part of the State department, institution, or agency against which a claim is asserted if and only if the injury…”
Nanny's Korner Day Care Ctr. (N.C. Ct. App. 2020). · cites it 4× “N.C. Gen. Stat. §143-299 (2018). The accrual of the statute of limitations period typically begins when the plaintiff is injured or discovers he or she has been injured.”
Cedarbrook Residential Ctr. (N.C. Ct. App. 2021). · cites it 4× “1A to the STCA, which provides in pertinent part: (a) Except as provided in subsection (b) of this section, the public duty doctrine is an affirmative defense on the part of the State department, institution, or agency against which a claim is asserted if and only if the injury…”
Sorensson v. Buck (E.D.N.C. 2022). · cites it 2× “§ 143-299 , (the “act”). 5 The magistrate judge construed plaintiff’s claims as being brought pursuant to 42 U.”
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