The notice provided in the foregoing section [G.S. 97-22] shall state in ordinary language the name and address of the employee, the time, place, nature, and cause of the accident, and of the resulting injury or death; and shall be signed by the employee or by a person on his behalf, or, in the event of his death, by any one or more of his dependents, or by a person in their behalf.
No defect or inaccuracy in the notice shall be a bar to compensation unless the employer shall prove that his interest was prejudiced thereby, and then only to such extent as the prejudice.
Said notice shall be given personally to the employer or any of his agents upon whom a summons in civil action may be served under the laws of the State, or may be sent by registered letter or certified mail addressed to the employer at his last known residence or place of business. (1929, c. 120, s. 23; 1959, c. 863, s. 1.)
Notes of Decisions
Cited in
6
cases (
1 in the last 5 years), 1948–2023 · leading case:
Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993).
Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993).
· cites it 6× “N.C.G.S. § 97-23 ("[n]o defect or inaccuracy in the notice shall be a bar to compensation" unless the employer proves prejudice).”
Gregory v. W.A. Brown & Sons, 688 S.E.2d 431 (N.C. 2010).
· cites it 8× “2d at 585 , and there was no indication in the record of any dispute as to whether the contents of the plaintiff’s notification were sufficient to prevent prejudice to the defendants, see N.C.G.S. § 97-23 (setting forth the necessary contents of written notice under N.”
Matros v. . Owen, 50 S.E.2d 509 (N.C. 1948).
“If the applicant be dissatisfied with the ruling of the Industrial Commission an appeal may be taken pursuant to provisions of the Compensation Act.”
Sprouse v. Turner Trucking Co. (N.C. 2023).
· cites it 6× “The purposes of the notice requirement have been determined to be vindicated despite lack of timely written notice when a plaintiff received appropriate medical care and the defendant-employer “had immediate, 3 This assignment of the burden of proof conforms to N.C.G.S. § 97-23,…”
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