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

N.C. Gen. Stat. § 97-35 (2026)

How compensation paid for two injuries; employer liable only for subsequent injury

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If any employee receives a permanent injury as specified in G.S. 97-31 after having sustained another permanent injury in the same employment, he shall be entitled to compensation for both injuries, but the total compensation shall be paid by extending the period and not by increasing the amount of weekly compensation, and in no case exceeding 500 weeks.

If an employee has previously incurred permanent partial disability through the loss of a hand, arm, foot, leg, or eye, and by subsequent accident incurs total permanent disability through the loss of another member, the employer's liability is for the subsequent injury only. (1929, c. 120, s. 35.)

 

Notes of Decisions
Cited in 8 cases, 1975–2009 · leading case: Gray v. Carolina Freight Carriers, Inc., 414 S.E.2d 102 (N.C. Ct. App. 1992).
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Gray v. Carolina Freight Carriers, Inc., 414 S.E.2d 102 (N.C. Ct. App. 1992). · cites it 19× “See N.C.G.S. § 97-35 (1991) (where permanent disability award is followed by Section 97-31 award in the same employment, employee limited to 500 weeks compensation).”
Morrison v. Burlington Indus., 282 S.E.2d 458 (N.C. 1981). · cites it 4× “G.S. 97-35 also has limited provision for apportionment.”
Pruitt v. Knight Publ'g Co., 218 S.E.2d 876 (N.C. Ct. App. 1975). · cites it 6× “G.S. § 97-35 also has limited provision for apportionment.”
Newcomb v. Greensboro Pipe Co., 677 S.E.2d 167 (N.C. Ct. App. 2009). · cites it 3× “§ 97-33 (1991) (providing for prorating of a permanent disability award where employee sustained prior disability due to epilepsy, military service, or injuries in another employment); and (2) N.C.G.S. § 97-35 (1991) (providing for apportionment of permanent injury award when…”
Pruitt v. Knight Publ'g Co., 221 S.E.2d 355 (N.C. 1976). “Application of those statutes is restricted to those instances where the employee (1) receives an injury for which compensation is payable while he is still receiving or entitled to compensation for a previous injury in the same employment, or (2) receives a permanent injury…”
Errante v. Cumberland Cnty. Solid Waste Mgmt., 415 S.E.2d 583 (N.C. Ct. App. 1992). · cites it 3× “§ 97-33 (1991) (providing for prorating of a permanent disability award where employee sustained prior disability due to epilepsy, military service, or injuries in another employment); and (2) N.C.G.S. § 97-35 (1991) (providing for apportionment of permanent injury award when…”
Errante v. Cumberland Cty. Sol. Waste Mgt., 415 S.E.2d 583 (N.C. Ct. App. 1992). · cites it 3× “§ 97-33 (1991) (providing for prorating of a permanent disability award where employee sustained prior disability due to epilepsy, military service, or injuries in another employment); and (2) N.C.G.S. § 97-35 (1991) (providing for apportionment of permanent injury award when…”
Bailey v. Smoky Mountain Enter., Inc., 308 S.E.2d 489 (N.C. Ct. App. 1983). “Finally, defendants make a similar argument about the Commission’s reliance on G.S. 97-35, contending that it, too, prohibits plaintiff from being compensated for a full 20% disability.”
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