NC General Statutes

N.C. Gen. Stat. § 97-22 (2026)

Notice of accident to employer

✓ current as of July 2026

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Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident, and the employee shall not be entitled to physician's fees nor to any compensation which may have accrued under the terms of this Article prior to the giving of such notice, unless it can be shown that the employer, his agent or representative, had knowledge of the accident, or that the party required to give such notice had been prevented from doing so by reason of physical or mental incapacity, or the fraud or deceit of some third person; but no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Industrial Commission for not giving such notice and the Commission is satisfied that the employer has not been prejudiced thereby. (1929, c. 120, s. 22.)

Notes of Decisions

Cited in 67 cases (11 in the last 5 years), 1948–2023 · leading case: Gregory v. W.A. Brown & Sons, 688 S.E.2d 431 (N.C. 2010).

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Gregory v. W.A. Brown & Sons, 688 S.E.2d 431 (N.C. 2010). · cites it 108× “Plaintiff-employee failed to give the employer written notice of the accident within thirty days after the accident’s occurrence as directed by N.C.G.S. § 97-22. The question presented is whether, in order for any compensation to be payable under such circumstances, *751 the…”

Watts v. Borg Warner Auto., Inc., 613 S.E.2d 715 (N.C. Ct. App. 2005). · cites it 92× “N.C. Gen.Stat. § 97-22 (2004). Section 97-22 clearly requires written notice be given by the injured employee to the employer within thirty days.”

Richardson v. Maxim Healthcare/Allegis Grp., 669 S.E.2d 582 (N.C. 2008). · cites it 31× “We conclude that in enacting N.C.G.S. § 97-22, the General Assembly did not intend to require an injured worker to give written notice when the employer has actual notice of her on-the-job injury, as the employer had here.”

Chavis v. TLC Home Health Care, 616 S.E.2d 403 (N.C. Ct. App. 2005). · cites it 32× “Section 97-22 of the North Carolina General Statutes provides in pertinent part: no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the…”

Gregory v. W.A. Brown & Sons, 664 S.E.2d 589 (N.C. Ct. App. 2008). · cites it 53× “Defendants argue the Commission erred by concluding that Plaintiff satisfied the requirements of N.C. Gen.Stat. § 97-22, which provides: Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable, give or…”

Richardson v. Maxim Healthcare/Allegis Grp., 657 S.E.2d 34 (N.C. Ct. App. 2008). · cites it 40× “" N.C. Gen.Stat. § 97-22 (2001). In the instant case, it is undisputed that plaintiff did not provide written notice of the accident until she filed her workers' compensation claim on 24 June 2002, over one year after her accident" on 16 May 2001.”

Yingling v. Bank of Am., 741 S.E.2d 395 (N.C. Ct. App. 2013). · cites it 22× “As a general rule, to be entitled to recover workers’ compensation benefits, an employee injured in a work-related accident must give the employer written notice of the accident as soon as practicable or “within 30 days after the occurrence of the accident or death, unless…”

Westbrooks v. Bowes, 503 S.E.2d 409 (N.C. Ct. App. 1998). · cites it 16× “” N.C. Gen. Stat. § 97-22 (1991). Section 97-22 further provides that: no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death, unless reasonable excuse is made to the satisfaction of the Industrial…”

Jones v. Lowe's Companies, Inc., 404 S.E.2d 165 (N.C. Ct. App. 1991). · cites it 12× “N.C.G.S. § 97-22 provides that an “injured employee” must give written notice to his employer “immediately on the occurrence of an accident, or as soon thereafter as practicable .”

Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993). · cites it 6× “N.C.G.S. § 97-22 ("no compensation shall be payable unless such written notice is given within 30 days after the occurrence of the accident or death").”

Gregory v. W.A. Brown & Sons, 713 S.E.2d 68 (N.C. Ct. App. 2011). · cites it 16× “” Deputy Commissioner Chapman also concluded, “[h]owever, plaintiffs claim is barred due to her failure to give [defendant-employer] written notice of the injury within thirty days,” as required by N.C. Gen. Stat. § 97-22 (2009). Both plaintiff and defendants appealed to the…”

Lakey v. U.S. Airways, Inc., 573 S.E.2d 703 (N.C. Ct. App. 2002). · cites it 4× “Defendants contend the Commission erred (1) in excusing plaintiff from providing notice of her injury within 30 days as required by N.C. Gen. Stat. § 97-22 (2001), (2) in failing to find facts required by N.”

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