N.C. Gen. Stat. » Chapter 97
NC General Statutes

N.C. Gen. Stat. § 97-10.1 (2026)

Other rights and remedies against employer excluded

✓ current as of July 2026
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If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative shall exclude all other rights and remedies of the employee, his dependents, next of kin, or representative as against the employer at common law or otherwise on account of such injury or death. (1929, c. 120, s. 11; 1933, c. 449, s. 1; 1943, c. 622; 1959, c. 1324; 1973, c. 1291, s. 6.)

 

Notes of Decisions
Cited in 111 cases (14 in the last 5 years), 1960–2026 · leading case: Woodson v. Rowland, 407 S.E.2d 222 (N.C. 1991).
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Woodson v. Rowland, 407 S.E.2d 222 (N.C. 1991). · cites it 16× “1 provides: If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative shall exclude all other rights and remedies of…”
Pleasant v. Johnson, 325 S.E.2d 244 (N.C. 1985). · cites it 16× “The employee's loss of his right to common law suits against the employer is expressed in the exclusivity section of the Act, which states in pertinent part: If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights…”
Wood v. Guilford Cnty., 558 S.E.2d 490 (N.C. 2002). · cites it 6× “See N.C.G.S. § 97-10.1 (1999); Bryant v. Dougherty, 267 N.”
Barrino v. Radiator Specialty Co., 340 S.E.2d 295 (N.C. 1986). · cites it 29× “N.C.G.S. § 97-10.1 provides: If the employee and the employer are subject to and have complied with the provisions of this Article, then rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative shall exclude all other rights and…”
Blackmon v. North Carolina Dep't of Corr., 457 S.E.2d 306 (N.C. Ct. App. 1995). · cites it 32× “N.C.Gen.Stat. § 97-10.1 (1991) states: If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative shall exclude all…”
Blackmon v. North Carolina Dep't of Corr., 470 S.E.2d 8 (N.C. 1996). · cites it 44× “§ 97-13(c) permits the dependents or next of kin of a prisoner killed while working for the State to apply for workers' compensation benefits.”
Richardson v. North Carolina Dep't of Corr., 478 S.E.2d 501 (N.C. 1996). · cites it 13× “N.C.G.S. § 97-10.1 defines the effect that coverage under workers’ compensation has on other rights and remedies of the prisoner: If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights and remedies herein granted to…”
Richardson v. North Carolina Dep't of Corr., 457 S.E.2d 325 (N.C. Ct. App. 1995). · cites it 38× “Section 97-13(c) permits prisoners to apply for workers' compensation if they suffer accidental injury arising out of and in the course of assigned employment and if the accident results in disabling injuries that continue after discharge from prison. Dependents and kin of…”
Lemmerman v. A. T. Williams Oil Co., 350 S.E.2d 83 (N.C. 1986). · cites it 6× “Curtis, 276 N.C. 371, 375 , 172 S.E.2d 495, 498 (1970).”
Abernathy v. Consol. Freightways Corp. of Delaware, 362 S.E.2d 559 (N.C. 1987). · cites it 14× “N.C.G.S. § 97-10.1 provides: If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative shall exclude all other rights…”
Taft v. Brinley's Grading Servs., Inc., 738 S.E.2d 741 (N.C. Ct. App. 2013). · cites it 10× “See N.C. Gen. Stat. § 97-10.1 (2011). We agree that the evidence in the record gives rise to genuine issues of material fact regarding whether Mr.”
North Carolina Ins. Guar. Ass'n v. Bd. of Trs., 691 S.E.2d 694 (N.C. 2010). · cites it 6× “[3] See N.C.G.S. § 97-10.1 (2007) ("If the employee and the employer are subject to and have complied with the provisions of [the Workers' Compensation Act], then the rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative…”
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