NC General Statutes

N.C. Gen. Stat. § 97-13 (2026)

Exceptions from provisions of Article

✓ current as of July 2026

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(a) Employees of Certain Railroads. - This Article shall not apply to railroads or railroad employees nor in any way repeal, amend, alter or affect Article 8 of Chapter 60 or any section thereof relating to the liability of railroads for injuries to employees, nor upon the trial of any action in tort for injuries not coming under the provisions of this Article, shall any provision herein be placed in evidence or be permitted to be argued to the jury. Provided, however, that the foregoing exemption to railroads and railroad employees shall not apply to employees of a State-owned railroad company, as defined in G.S. 124-11, or to electric street railroads or employees thereof; and this Article shall apply to electric street railroads and employees thereof and to this extent the provisions of Article 8 of Chapter 60 are hereby amended.

(b) Casual Employment, Domestic Servants, Farm Laborers, Federal Government, Employer of Less than Three Employees. - This Article shall not apply to casual employees, farm laborers when fewer than 10 full-time nonseasonal farm laborers are regularly employed by the same employer, federal government employees in North Carolina, and domestic servants, nor to employees of such persons, nor to any person, firm or private corporation that has regularly in service less than three employees in the same business within this State, except that any employer without regard to number of employees, including an employer of domestic servants, farm laborers, or one who previously had exempted himself, who has purchased workers' compensation insurance to cover his compensation liability shall be conclusively presumed during life of the policy to have accepted the provisions of this Article from the effective date of said policy and his employees shall be so bound unless waived as provided in this Article; provided however, that this Article shall apply to all employers of one or more employees who are employed in activities which involve the use or presence of radiation.

(c) Prisoners. - This Article shall not apply to prisoners being worked by the State or any subdivision thereof, except to the following extent: Whenever any prisoner assigned to the Division of Prisons of the Department of Adult Correction shall suffer accidental injury or accidental death arising out of and in the course of the employment to which he had been assigned, if there be death or if the results of such injury continue until after the date of the lawful discharge of such prisoner to such an extent as to amount to a disability as defined in this Article, then such discharged prisoner or the dependents or next of kin of such discharged prisoner may have the benefit of this Article by applying to the Industrial Commission as any other employee; provided, such application is made within 12 months from the date of the discharge; and provided further that the maximum compensation to any prisoner or to the dependents or next of kin of any deceased prisoner shall not exceed thirty dollars ($30.00) per week and the period of compensation shall relate to the date of his discharge rather than the date of the accident. If any person who has been awarded compensation under the provisions of this subsection shall be recommitted to prison upon conviction of an offense committed subsequent to the award, such compensation shall immediately cease. Any awards made under the terms of this subsection shall be paid by the Department of Adult Correction from the funds available for the operation of the Division of Prisons of the Department of Adult Correction. The provisions of G.S. 97-10.1 and 97-10.2 shall apply to prisoners and discharged prisoners entitled to compensation under this subsection and to the State in the same manner as said section applies to employees and employers.

(c1) Certain Inmates. - Notwithstanding the thirty dollars ($30.00) per week limit in subsection (c) of this section, the average weekly wage of inmates employed pursuant to the Prison Industry Enhancement Program shall be calculated pursuant to G.S. 97-2(5).

(d) Sellers of Agricultural Products. - This Article shall not apply to persons, firms or corporations engaged in selling agricultural products for the producers thereof on commission or for other compensation, paid by the producers, provided the product is prepared for sale by the producer. (1929, c. 120, s. 14; 1933, c. 401; 1935, c. 150; 1941, c. 295; 1943, c. 543; 1945, c. 766; 1957, c. 349, s. 10; c. 809; 1967, c. 996, s. 13; 1971, c. 284, s. 2; c. 1176; 1975, c. 718, s. 3; 1979, c. 247, s. 1; c. 714, s. 2; 1981, c. 378, s. 1; 1983 (Reg. Sess., 1984), c. 1042, s. 2; 1987, c. 729, s. 3; 2000-146, s. 11; 2011-145, s. 19.1(h); 2012-83, s. 34; 2017-186, s. 2(tttt); 2017-212, s. 5.1; 2021-180, s. 19C.9(n), (p).)

§§ 97-14 through 97-16. Repealed by Session Laws 1973, c. 1291, ss. 7-9.

Notes of Decisions

Cited in 26 cases, 1958–2018 · leading case: Blackmon v. North Carolina Dep't of Corr., 470 S.E.2d 8 (N.C. 1996).

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Blackmon v. North Carolina Dep't of Corr., 470 S.E.2d 8 (N.C. 1996). · cites it 103× “§ 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 35× “N.C.G.S. § 97-13(c) sets forth the circumstances under which prisoners may be eligible for workers’ compensation benefits and provides in relevant part: This Article shall not apply to prisoners being worked by the State or any subdivision thereof, except to the following…”

Blackmon v. North Carolina Dep't of Corr., 457 S.E.2d 306 (N.C. Ct. App. 1995). · cites it 56× “Defendants’ basic assignment of error focuses upon Commissioner Booker’s conclusion that N.C. Gen. Stat. § 97-13 (c) does not operate to bar plaintiff’s wrongful death action brought under the Tort Claims Act.”

Richardson v. North Carolina Dep't of Corr., 457 S.E.2d 325 (N.C. Ct. App. 1995). · cites it 84× “The issue on appeal is whether the Full Commission erred in concluding that N.C.G.S. § 97-13(c) (1991) bars plaintiff's claims under the Tort Claims Act.”

Ivey v. North Carolina Prison Dep't, 114 S.E.2d 812 (N.C. 1960). · cites it 34× “§ 97-10 and G.S. § 97-13, subsection (c) as amended, provide a remedy under the Workmen's Compensation Act which is exclusive.”

Parker v. Union Camp Corp., 422 S.E.2d 585 (N.C. Ct. App. 1992). · cites it 20× “Parker was injured years before his incarceration began, and therefore was not injured while "being worked by the State" as section 97-13 specifies, he should not have received benefits while in prison.”

Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993). · cites it 6× “N.C.G.S. § 97-13(c) (state prisoners may be entitled to "compensation" under the Act).”

Vereen v. North Carolina Dep't of Corr., 608 S.E.2d 412 (N.C. Ct. App. 2005). · cites it 7× “if the results of such injury continue until after the date of the lawful discharge of such prisoner to such an extent as to amount to a disability as defined in this Article, then such discharged prisoner.”

Horney v. Meredith Swimming Pool Co., 148 S.E.2d 554 (N.C. 1966). · cites it 5× “— This article shall not apply to prisoners being worked by the State or any division thereof” unless the results of an injury arising out of and in the course of assigned employment “continue until after the date of the lawful discharge of such prisoner to such an extent as to…”

Lawson v. North Carolina State High. & Pub. Works Comm'n, 103 S.E.2d 366 (N.C. 1958). · cites it 6× “1, requires consideration of G.S. 97-13 (c) and G.S. 97-10, the specific provisions on which defendant relies.”

Cain v. Guyton, 340 S.E.2d 501 (N.C. Ct. App. 1986). · cites it 2× “During the time frame in question the Workers' Compensation Act by statute was inapplicable to any employer "that has regularly in service less than five employees.”

State v. Frazier, 541 S.E.2d 800 (N.C. Ct. App. 2001). · cites it 2× “See N.C. Gen. Stat. § 97-13 (1999). Prisoners cannot earn more than $1.”

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— N.C. Gen. Stat. § 97-13(C) — 1 case

Ivey v. North Carolina Prison Dep't, 114 S.E.2d 812 (N.C. 1960). “§ 97-10 and G.S. § 97-13, subsection (c) as amended, provide a remedy under the Workmen's Compensation Act which is exclusive.”

— N.C. Gen. Stat. § 97-13(b) — 7 cases

Cain v. Guyton, 340 S.E.2d 501 (N.C. Ct. App. 1986). “During the time frame in question the Workers' Compensation Act by statute was inapplicable to any employer "that has regularly in service less than five employees.”

Wiggins v. Rufus Tart Trucking Co., 305 S.E.2d 749 (N.C. Ct. App. 1983).

Durham v. McLamb, 296 S.E.2d 3 (N.C. Ct. App. 1982).

Burgess v. Smith, 818 S.E.2d 164 (N.C. Ct. App. 2018).

Murray v. Biggerstaff, 344 S.E.2d 550 (N.C. Ct. App. 1986).

— N.C. Gen. Stat. § 97-13(c) — 11 cases

Blackmon v. North Carolina Dep't of Corr., 470 S.E.2d 8 (N.C. 1996). “§ 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). “N.C.G.S. § 97-13(c) sets forth the circumstances under which prisoners may be eligible for workers’ compensation benefits and provides in relevant part: This Article shall not apply to prisoners being worked by the State or any subdivision thereof, except to the following…”

Blackmon v. North Carolina Dep't of Corr., 457 S.E.2d 306 (N.C. Ct. App. 1995). “Defendants’ basic assignment of error focuses upon Commissioner Booker’s conclusion that N.C. Gen. Stat. § 97-13 (c) does not operate to bar plaintiff’s wrongful death action brought under the Tort Claims Act.”

Richardson v. North Carolina Dep't of Corr., 457 S.E.2d 325 (N.C. Ct. App. 1995). “The issue on appeal is whether the Full Commission erred in concluding that N.C.G.S. § 97-13(c) (1991) bars plaintiff's claims under the Tort Claims Act.”

Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993). “N.C.G.S. § 97-13(c) (state prisoners may be entitled to "compensation" under the Act).”

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