North Carolina General Statutes
Article 1 - Workers' Compensation Act.
§ 97-88.1 - Attorney's fees at original hearing.

North Carolina General Statutes

Chapter 97 - Workers' Compensation Act

Article 1 - Workers' Compensation Act.

§ 97-1 - Short title.

§ 97-1.1 - References to workmen's compensation.

§ 97-2 - Definitions.

§ 97-3 - Presumption that all employers and employees have come under provisions of Article.

§ 97-5 - Presumption as to contract of service.

§ 97-5.1 - Presumption that taxicab drivers are independent contractors.

§ 97-6 - No special contract can relieve an employer of obligations.

§ 97-7 - State or subdivision and employees thereof.

§ 97-8 - Prior injuries and deaths unaffected.

§ 97-9 - Employer to secure payment of compensation.

§ 97-10.1 - Other rights and remedies against employer excluded.

§ 97-10.2 - Rights under Article not affected by liability of third party; rights and remedies against third parties.

§ 97-10.3 - Minors illegally employed.

§ 97-11 - Employer not relieved of statutory duty.

§ 97-12 - Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.

§ 97-12.1 - Willful misrepresentation in applying for employment.

§ 97-13 - Exceptions from provisions of Article[Effective until January 1, 2023]

§ 97-17 - Settlements allowed in accordance with Article.

§ 97-18 - Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties.

§ 97-18.1 - Termination or suspension of compensation benefits.

§ 97-19 - Liability of principal contractors; certificate that subcontractor has complied with law; right to recover compensation of those who would have been liable; order of liability.

§ 97-19.1 - Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor.

§ 97-20 - Priority of compensation claims against assets of employer.

§ 97-21 - Claims unassignable and exempt from taxes and debts; agreement of employee to contribute to premium or waive right to compensation void; unlawful deduction by employer.

§ 97-22 - Notice of accident to employer.

§ 97-23 - What notice is to contain; defects no bar; notice personally or by registered letter or certified mail.

§ 97-24 - Right to compensation barred after two years; destruction of records.

§ 97-25 - Medical treatment and supplies.

§ 97-25.1 - Limitation of duration of medical compensation.

§ 97-25.2 - Managed care organizations.

§ 97-25.3 - Preauthorization.

§ 97-25.4 - Utilization guidelines for medical treatment.

§ 97-25.5 - Utilization guidelines for vocational and other rehabilitation.

§ 97-25.6 - Reasonable access to medical information.

§ 97-26 - Fees allowed for medical treatment; malpractice of physician.

§ 97-26.1 - Fees for medical records and reports; expert witnesses; communications with health care providers.

§ 97-26.2 - Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services.

§ 97-27 - Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy.

§ 97-28 - Seven-day waiting period; exceptions.

§ 97-29 - Rates and duration of compensation for total incapacity.

§ 97-29.1 - Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973.

§ 97-30 - Partial incapacity.

§ 97-31 - Schedule of injuries; rate and period of compensation.

§ 97-31.1 - Effective date of legislative changes in benefits.

§ 97-32 - Refusal of injured employee to accept suitable employment as suspending compensation.

§ 97-32.1 - Trial return to work.

§ 97-32.2 - Vocational rehabilitation.

§ 97-33 - Prorating in event of earlier disability or injury.

§ 97-34 - Employee receiving an injury when being compensated for former injury.

§ 97-35 - How compensation paid for two injuries; employer liable only for subsequent injury.

§ 97-36 - Accidents taking place outside State; employees receiving compensation from another state.

§ 97-37 - Where injured employee dies before total compensation is paid.

§ 97-38 - Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents.

§ 97-39 - Widow, widower, or child to be conclusively presumed to be dependent; other cases determined upon facts; division of death benefits among those wholly dependent; when division among partially dependent.

§ 97-40 - Commutation and payment of compensation in absence of dependents; "next of kin" defined; commutation and distribution of compensation to partially dependent next of kin; payment in absence of both dependents and next of kin.

§ 97-40.1 - Second Injury Fund.

§ 97-42 - Deduction of payments.

§ 97-42.1 - Credit for unemployment benefits.

§ 97-43 - Commission may prescribe monthly or quarterly payments.

§ 97-44 - Lump sums.

§ 97-45 - Reducing to judgment outstanding liability of insurance carriers withdrawing from State.

§ 97-46 - Lump sum payments to trustee; receipt to discharge employer.

§ 97-47 - Change of condition; modification of award.

§ 97-47.1 - Payment without prejudice; limitations period.

§ 97-48 - Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer.

§ 97-49 - Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc.

§ 97-50 - Limitation as against minors or mentally incompetent.

§ 97-51 - Joint employment; liabilities.

§ 97-52 - Occupational disease made compensable; "accident" defined.

§ 97-53 - (See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals.

§ 97-54 - "Disablement" defined.

§ 97-55 - "Disability" defined.

§ 97-56 - Limitation on compensable diseases.

§ 97-57 - Employer liable.

§ 97-58 - Time limit for filing claims.

§ 97-59 - Employer to pay for treatment.

§ 97-61 - Rewritten as §§ .1 to .7.

§ 97-61.1 - First examination of and report on employee having asbestosis or silicosis.

§ 97-61.2 - Filing of first report; right of hearing; effect of report as testimony.

§ 97-61.3 - Second examination and report.

§ 97-61.4 - Third examination and report.

§ 97-61.5 - Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation.

§ 97-61.6 - Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis.

§ 97-61.7 - Waiver of right to compensation as alternative to forced change of occupation.

§ 97-62 - "Silicosis" and "asbestosis" defined.

§ 97-63 - Period necessary for employee to be exposed.

§ 97-64 - General provisions of act to control as regards benefits.

§ 97-65 - Reduction of rate where tuberculosis develops.

§ 97-66 - Claim where benefits are discontinued.

§ 97-67 - Postmortem examinations; notice to next of kin and insurance carrier.

§ 97-68 - Controverted medical questions.

§ 97-69 - Examination by advisory medical committee; inspection of medical reports.

§ 97-70 - Report of committee to Industrial Commission.

§ 97-71 - Filing report; right of hearing on report.

§ 97-72 - Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses.

§ 97-73 - Fees.

§ 97-74 - Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.

§ 97-77 - North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.

§ 97-77.1 - Expired.

§ 97-78 - Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.

§ 97-78.1 - Standards of judicial conduct to apply to commissioners and deputy commissioners.

§ 97-79 - Offices and supplies; deputies with power to subpoena witnesses and to take testimony; meetings; hearings.

§ 97-80 - Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.

§ 97-81 - Blank forms and literature; statistics; safety provisions; accident reports; studies and investigations and recommendations to General Assembly; to cooperate with other agencies for prevention of injury.

§ 97-82 - Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award.

§ 97-83 - Commission is to make award after hearing.

§ 97-83.1 - Facilities for hearings; security.

§ 97-84 - Determination of disputes by Commission or deputy.

§ 97-85 - Review of award.

§ 97-86 - Award conclusive as to facts; appeal; certified questions of law.

§ 97-86.1 - Payment of award pending appeal in certain cases.

§ 97-86.2 - Interest on awards after hearing.

§ 97-87 - Judgments on awards.

§ 97-88 - Expenses of appeals brought by insurers.

§ 97-88.1 - Attorney's fees at original hearing.

§ 97-88.2 - Penalty for fraud.

§ 97-88.3 - Penalty for health care providers.

§ 97-89 - Commission may appoint qualified physician to make necessary examinations; expenses; fees.

§ 97-90 - Legal and medical fees to be approved by Commission; misdemeanor to receive fees unapproved by Commission, or to solicit employment in adjusting claims; agreement for fee or compensation.

§ 97-90.1 - Insurers that provide employee's health benefit plans, disability income plans, or any other health insurance plans as real parties in interest; reimbursement.

§ 97-91 - Commission to determine all questions.

§ 97-92 - Employer's record and report of accidents; records of Commission not open to public; supplementary report upon termination of disability; penalty for refusal to make report; when insurance carrier liable.

§ 97-93 - Employers required to carry insurance or prove financial ability to pay for benefits; employers required to post notice; self-insured employers regulated by Commissioner of Insurance.

§ 97-94 - Employers required to give proof that they have complied with preceding section; penalty for not keeping liability insured; review; liability for compensation; criminal penalties for failure to secure payment of compensation.

§ 97-95 - Actions against employers failing to effect insurance or qualify as self-insurer.

§ 97-97 - Insurance policies must contain clause that notice to employer is notice to insurer, etc.

§ 97-98 - Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default.

§ 97-99 - Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards.

§ 97-100 - Rates for insurance; carrier to make reports for determination of solvency; tax upon premium; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices.

§ 97-101 - Collection of fines and penalties.

§ 97-101.1 - Commission may issue writs of habeas corpus.