(a) Every employer subject to the provisions of this Article relative to the payment of compensation shall either:
(1) Insure and keep insured his liability under this Article in any authorized corporation, association, organization, or in any mutual insurance association formed by a group of employers so authorized; or
(2) Repealed by Session Laws 1997-362, s. 5.
(3) Obtain a license from the Commissioner of Insurance under Article 5 of this Chapter or under Article 47 of Chapter 58 of the General Statutes.
(b) through (d) Repealed by Session Laws 1997-362, s. 5.
(e) Every employer who is in compliance with the provisions of subsection (a) of this section shall post in a conspicuous place in places of employment a notice stating that employment by this employer is subject to the North Carolina Workers' Compensation Act and stating whether the employer has a policy of insurance against liability or qualifies as a self-insured employer. In the event the employer allows its insurance to lapse or ceases to qualify as a self-insured employer, the employer shall, within five working days of this occurrence, remove any notices indicating otherwise. (1929, c. 120, s. 67; 1943, c. 543; 1973, c. 1291, s. 12; 1979, c. 345; 1983, c. 728; 1985, c. 119, s. 1; 1993, c. 120, ss. 1, 2; 1993 (Reg. Sess., 1994), c. 679, s. 8.2; 1995, c. 193, s. 64; c. 471, s. 1; 1997-362, s. 5.)
Notes of Decisions
Cited in
51
cases (
2 in the last 5 years), 1949–2025 · leading case:
Putman v. Alexander, 670 S.E.2d 610 (N.C. Ct. App. 2009).
Putman v. Alexander, 670 S.E.2d 610 (N.C. Ct. App. 2009).
· cites it 23× “§ 97-94(d) for her failure to bring MMC into compliance under N.C.G.S. § 97-93 when she had the ability and authority to do so.”
Woodson v. Rowland, 407 S.E.2d 222 (N.C. 1991).
· cites it 6× “N.C.G.S. § 97-93 (1985). This distinction alone justifies the higher "substantial certainty" threshold for civil recovery against employers.”
Johnson v. Herbie's Place, 579 S.E.2d 110 (N.C. Ct. App. 2003).
· cites it 5× “However, defendants argue that the Industrial Commission’s findings that “defendant-employer failed to maintain a policy of workers’ compensation insurance” and that defendant “Kennedy failed to exercise his authority and ability to bring defendant-employer into compliance” do…”
Morales-Rodriguez v. Carolina Quality Exteriors, Inc., 698 S.E.2d 91 (N.C. Ct. App. 2010).
· cites it 6× “The Commission awarded plaintiff temporary total disability benefits and medical expenses, assessing a ten percent late penalty for late payment of compensation, assessing penalties for failing to secure workers’ compensation insurance, assessing a civil penalty against…”
Rivera v. Trapp, 519 S.E.2d 777 (N.C. Ct. App. 1999).
· cites it 6× “Next Trapp challenges the Commission’s findings and conclusions that Trapp willfully neglected to bring Schuck into compliance with the requirements of G.S. § 97-93 (Supp. 1998). Trapp claims that *304 he did not know that Schuck lacked Workers’ Compensation insurance until…”
Allred v. Exceptional Landscapes, Inc., 743 S.E.2d 48 (N.C. Ct. App. 2013).
· cites it 3× “Wright’s third argument, she contends that the Commission erred in ordering her to pay a civil penalty for the failure to bring Exceptional Landscapes into compliance with the requirements of N.C. Gen. Stat. § 97-93 because she did not have the ability and authority to bring…”
Seguro-Suarez by & Through Connette v. Key Risk Ins. Co., 819 S.E.2d 741 (N.C. Ct. App. 2018).
· cites it 2× “2d 694 , 698 (2010) (citing N.C. Gen. Stat. § 97-93 (2007) ). And, just as "[t]he primary purpose of th[e] compulsory motor vehicle liability insurance is to compensate innocent victims who have been injured by financially irresponsible motorists[,]" Chantos , 293 N.”
Southerland v. B v. Hedrick Gravel & Sand Co., 483 S.E.2d 150 (N.C. 1997).
· cites it 8× “Even though a certificate of insurance would not have shown that plaintiff failed to elect to cover himself as a sole proprietor, and even though plaintiff had complied with N.C.G.S. § 97-93 by having coverage for his employees, the undersigned is of the opinion that N.”
Cook v. Norvell-Mackorell Real Est. Co., 392 S.E.2d 758 (N.C. Ct. App. 1990).
· cites it 3× “stating that such subcontractor has complied with G.S. 97-93 [requiring that employers carry workers’ compensation insurance] .”
Cananwill, Inc. v. EMAR Grp., Inc., 250 B.R. 533 (M.D.N.C. 1999).
· cites it 5× “N.C.Gen.Stat. § 97-93. 20 .National Union, however, does concede that it was required to comply with regulations of other stales.”
North Carolina Ins. Guar. Ass'n v. Bd. of Trs., 691 S.E.2d 694 (N.C. 2010).
· cites it 2× “§ 97-93 (2007). "The term `employer'" includes, inter alia, "the State and all political subdivisions thereof, [and] all public and quasi-public corporations therein.”
— N.C. Gen. Stat. § 97-93(a) — 2 cases
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