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

N.C. Gen. Stat. § 97-9 (2026)

Employer to secure payment of compensation

✓ current as of July 2026
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Every employer subject to the compensation provisions of this Article shall secure the payment of compensation to his employees in the manner hereinafter provided; and while such security remains in force, he or those conducting his business shall only be liable to any employee for personal injury or death by accident to the extent and in the manner herein specified. (1929, c. 120, s. 10; 1973, c. 1291, s. 5.)

 

Notes of Decisions
Cited in 81 cases (7 in the last 5 years), 1950–2026 · leading case: Lennie v. Profile Prods., LLC, 652 S.E.2d 231 (N.C. 2007).
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Lennie v. Profile Prods., LLC, 652 S.E.2d 231 (N.C. 2007). · cites it 24× “N.C.G.S. § 97-9 requires employers to secure payment of compensation to their employees in accordance with the Act and states: "[W]hile such security remains in force, [the employer] or those conducting his business shall only be liable to any employee for personal injury or…”
Pleasant v. Johnson, 325 S.E.2d 244 (N.C. 1985). · cites it 18× “N.C.G.S. § 97-9 provides in pertinent part: Every employer subject to the compensation provisions of this Article shall secure the payment of compensation to his employees .”
Woodson v. Rowland, 407 S.E.2d 222 (N.C. 1991). · cites it 10× “N.C.G.S. § 97-9 (1985) (emphasis added). Section 97-10.”
Wood v. Guilford Cnty., 558 S.E.2d 490 (N.C. 2002). · cites it 6× “The exclusivity provisions of the Act extend to parties “conducting [the employer’s] business,” N.C.G.S. § 97-9 (1999), whereby an employer may be liable to an employee under the Act for injuries negligently caused by another employee or by a party acting as an agent of the…”
Hamby v. Profile Prods., L.L.C., 632 S.E.2d 804 (N.C. Ct. App. 2006). · cites it 24× “N.C. Gen.Stat. § 97-9 (2006). However, "when an employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to employees and an employee is injured or killed by that misconduct, that employee, or the personal representative…”
Hyler v. GTE Prods. Co., 425 S.E.2d 698 (N.C. 1993). · cites it 6× “N.C.G.S. § 97-9 (every employer shall secure the payment of "compensation to his employees" in the manner prescribed in the Act).”
Barrino v. Radiator Specialty Co., 340 S.E.2d 295 (N.C. 1986). · cites it 12× “The provisions of the North Carolina Workers' Compensation Act pertinent to this question are N.C.G.S. § 97-9 and § 97-10.1. N.C.G.S. § 97-9 provides: Every employer subject to the compensation provisions of this Article shall secure the payment of compensation to his employees…”
Abernathy v. Consol. Freightways Corp. of Delaware, 362 S.E.2d 559 (N.C. 1987). · cites it 12× “§ 97-9 provides: Every employer subject to the compensation provisions of this Article shall secure the payment of compensation to his employees in the manner hereinafter provided; and while such security remains in force, he or those conducting his business shall only be liable…”
Warner v. Leder, 69 S.E.2d 6 (N.C. 1952). · cites it 9× “However, if his plea of immunity under the provisions of the North Carolina Workmen’s Compensation Act, G.S. 97-9, is valid, the court below committed error in not sustaining his motion for judgment as of nonsuit, interposed at the close of plaintiff’s evidence and renewed at…”
Maraman v. Cooper Steel Fabricators, 555 S.E.2d 309 (N.C. Ct. App. 2001). · cites it 14× “N.C. Gen. Stat. § 97-9 , 97-10.1 (1999). However, in Woodson , our Supreme Court created a narrow exception to the general rule when it held that if an "employer intentionally engages in misconduct knowing it is substantially certain to cause serious injury or death to employees…”
Pastva v. Naegele Outdoor Advert., Inc., 468 S.E.2d 491 (N.C. Ct. App. 1996). · cites it 6× “N.C.G.S. § 97-9; N.C.G.S. § 97-10.1 (1991).”
Zocco v. United States, Dep't of the Army, 791 F. Supp. 595 (E.D.N.C. 1992). · cites it 8× “” N.C.Gen.Stat. § 97-9 (emphasis added). There is no exception to this requirement in this provision or any other in the Act.”
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