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Article 1 - Workers' Compensation Act.
§ 97-1 - Short title. - 97-1. Short title. This Article shall be known and cited...
§ 97-1.1 - References to workmen's compensation. - 97-1.1. References to workmen's compensation. Any reference in any act,...
§ 97-2 - Definitions. - 97-2. Definitions. When used in this Article, unless the context...
§ 97-3 - Presumption that all employers and employees have come under provisions of Article. - 97-3. Presumption that all employers and employees have come under...
§ 97-5 - Presumption as to contract of service. - 97-5. Presumption as to contract of service. Every contract of...
§ 97-5.1 - Presumption that taxicab drivers are independent contractors. - 97-5.1. Presumption that taxicab drivers are independent contractors. (a) It...
§ 97-6 - No special contract can relieve an employer of obligations. - 97-6. No special contract can relieve an employer of obligations....
§ 97-7 - State or subdivision and employees thereof. - 97-7. State or subdivision and employees thereof. Neither the State...
§ 97-8 - Prior injuries and deaths unaffected. - 97-8. Prior injuries and deaths unaffected. The provisions of this...
§ 97-9 - Employer to secure payment of compensation. - 97-9. Employer to secure payment of compensation. Every employer subject...
§ 97-10.1 - Other rights and remedies against employer excluded. - 97-10.1. Other rights and remedies against employer excluded. If the...
§ 97-10.2 - Rights under Article not affected by liability of third party; rights and remedies against third parties. - 97-10.2. Rights under Article not affected by liability of third...
§ 97-10.3 - Minors illegally employed. - 97-10.3. Minors illegally employed. In any case where an employer...
§ 97-11 - Employer not relieved of statutory duty. - 97-11. Employer not relieved of statutory duty. Nothing in this...
§ 97-12 - Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule. - 97-12. Use of intoxicant or controlled substance; willful neglect; willful...
§ 97-12.1 - Willful misrepresentation in applying for employment. - 97-12.1. Willful misrepresentation in applying for employment. No compensation shall...
§ 97-13 - Exceptions from provisions of Article[Effective until January 1, 2023] - 97-13. Exceptions from provisions of Article. [Effective until January 1,...
§ 97-17 - Settlements allowed in accordance with Article. - 97-17. Settlements allowed in accordance with Article. (a) This article...
§ 97-18 - Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties. - 97-18. Prompt payment of compensation required; installments; payment without prejudice;...
§ 97-18.1 - Termination or suspension of compensation benefits. - 97-18.1. Termination or suspension of compensation benefits. (a) Payments of...
§ 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. Liability of principal contractors; certificate that subcontractor has complied...
§ 97-19.1 - Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor. - 97-19.1. Truck, tractor, or truck tractor trailer driver's status as...
§ 97-20 - Priority of compensation claims against assets of employer. - 97-20. Priority of compensation claims against assets of employer. All...
§ 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. - 97-21. Claims unassignable and exempt from taxes and debts; agreement...
§ 97-22 - Notice of accident to employer. - 97-22. Notice of accident to employer. Every injured employee or...
§ 97-23 - What notice is to contain; defects no bar; notice personally or by registered letter or certified mail. - 97-23. What notice is to contain; defects no bar; notice...
§ 97-24 - Right to compensation barred after two years; destruction of records. - 97-24. Right to compensation barred after two years; destruction of...
§ 97-25 - Medical treatment and supplies. - 97-25. Medical treatment and supplies. (a) Medical compensation shall be...
§ 97-25.1 - Limitation of duration of medical compensation. - 97-25.1. Limitation of duration of medical compensation. The right to...
§ 97-25.2 - Managed care organizations. - 97-25.2. Managed care organizations. The requirements of G.S. 97-25 may...
§ 97-25.3 - Preauthorization. - 97-25.3. Preauthorization. (a) An insurer may require preauthorization for inpatient...
§ 97-25.4 - Utilization guidelines for medical treatment. - 97-25.4. Utilization guidelines for medical treatment. (a) The Commission may...
§ 97-25.5 - Utilization guidelines for vocational and other rehabilitation. - 97-25.5. Utilization guidelines for vocational and other rehabilitation. The Commission...
§ 97-25.6 - Reasonable access to medical information. - 97-25.6. Reasonable access to medical information. (a) Notwithstanding any provision...
§ 97-26 - Fees allowed for medical treatment; malpractice of physician. - 97-26. Fees allowed for medical treatment; malpractice of physician. (a)...
§ 97-26.1 - Fees for medical records and reports; expert witnesses; communications with health care providers. - 97-26.1. Fees for medical records and reports; expert witnesses; communications...
§ 97-26.2 - Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services. - 97-26.2. Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional...
§ 97-27 - Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy. - 97-27. Medical examination; facts not privileged; refusal to be examined...
§ 97-28 - Seven-day waiting period; exceptions. - 97-28. Seven-day waiting period; exceptions. No compensation, as defined in...
§ 97-29 - Rates and duration of compensation for total incapacity. - 97-29. Rates and duration of compensation for total incapacity. (a)...
§ 97-29.1 - Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973. - 97-29.1. Increase in payments in cases for total and permanent...
§ 97-30 - Partial incapacity. - 97-30. Partial incapacity. Except as otherwise provided in G.S. 97-31,...
§ 97-31 - Schedule of injuries; rate and period of compensation. - 97-31. Schedule of injuries; rate and period of compensation. In...
§ 97-31.1 - Effective date of legislative changes in benefits. - 97-31.1. Effective date of legislative changes in benefits. Every act...
§ 97-32 - Refusal of injured employee to accept suitable employment as suspending compensation. - 97-32. Refusal of injured employee to accept suitable employment as...
§ 97-32.1 - Trial return to work. - 97-32.1. Trial return to work. Notwithstanding the provisions of G.S....
§ 97-32.2 - Vocational rehabilitation. - 97-32.2. Vocational rehabilitation. (a) In a compensable claim, the employer...
§ 97-33 - Prorating in event of earlier disability or injury. - 97-33. Prorating in event of earlier disability or injury. If...
§ 97-34 - Employee receiving an injury when being compensated for former injury. - 97-34. Employee receiving an injury when being compensated for former...
§ 97-35 - How compensation paid for two injuries; employer liable only for subsequent injury. - 97-35. How compensation paid for two injuries; employer liable only...
§ 97-36 - Accidents taking place outside State; employees receiving compensation from another state. - 97-36. Accidents taking place outside State; employees receiving compensation from...
§ 97-37 - Where injured employee dies before total compensation is paid. - 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. - 97-38. Where death results proximately from compensable injury or occupational...
§ 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. - 97-39. Widow, widower, or child to be conclusively presumed to...
§ 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. Commutation and payment of compensation in absence of dependents;...
§ 97-40.1 - Second Injury Fund. - 97-40.1. Second Injury Fund. (a) There is hereby created a...
§ 97-42 - Deduction of payments. - 97-42. Deduction of payments. Payments made by the employer to...
§ 97-42.1 - Credit for unemployment benefits. - 97-42.1. Credit for unemployment benefits. If an injured employee has...
§ 97-43 - Commission may prescribe monthly or quarterly payments. - 97-43. Commission may prescribe monthly or quarterly payments. The Industrial...
§ 97-44 - Lump sums. - 97-44. Lump sums. Whenever any weekly payment has been continued...
§ 97-45 - Reducing to judgment outstanding liability of insurance carriers withdrawing from State. - 97-45. Reducing to judgment outstanding liability of insurance carriers withdrawing...
§ 97-46 - Lump sum payments to trustee; receipt to discharge employer. - 97-46. Lump sum payments to trustee; receipt to discharge employer....
§ 97-47 - Change of condition; modification of award. - 97-47. Change of condition; modification of award. Upon its own...
§ 97-47.1 - Payment without prejudice; limitations period. - 97-47.1. Payment without prejudice; limitations period. When the employer has...
§ 97-48 - Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer. - 97-48. Receipts relieving employer; payment to minors; when payment of...
§ 97-49 - Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc. - 97-49. Benefits of mentally incompetent or minor employees under 18...
§ 97-50 - Limitation as against minors or mentally incompetent. - 97-50. Limitation as against minors or mentally incompetent. No limitation...
§ 97-51 - Joint employment; liabilities. - 97-51. Joint employment; liabilities. Whenever an employee, for whose injury...
§ 97-52 - Occupational disease made compensable; "accident" defined. - 97-52. Occupational disease made compensable; "accident" defined. Disablement or death...
§ 97-53 - (See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals. - 97-53. (See editor's note on condition precedent) Occupational diseases enumerated;...
§ 97-54 - "Disablement" defined. - 97-54. "Disablement" defined. The term "disablement" as used in this...
§ 97-55 - "Disability" defined. - 97-55. "Disability" defined. The term "disability" as used in this...
§ 97-56 - Limitation on compensable diseases. - 97-56. Limitation on compensable diseases. The provisions of this Article...
§ 97-57 - Employer liable. - 97-57. Employer liable. In any case where compensation is payable...
§ 97-58 - Time limit for filing claims. - 97-58. Time limit for filing claims. (a) Repealed by Session...
§ 97-59 - Employer to pay for treatment. - 97-59. Employer to pay for treatment. Medical compensation shall be...
§ 97-61 - Rewritten as §§ .1 to .7. - 97-61. Rewritten as 97-61.1 to 97-61.7.
§ 97-61.1 - First examination of and report on employee having asbestosis or silicosis. - 97-61.1. First examination of and report on employee having asbestosis...
§ 97-61.2 - Filing of first report; right of hearing; effect of report as testimony. - 97-61.2. Filing of first report; right of hearing; effect of...
§ 97-61.3 - Second examination and report. - 97-61.3. Second examination and report. As soon as practicable after...
§ 97-61.4 - Third examination and report. - 97-61.4. Third examination and report. As soon as practicable after...
§ 97-61.5 - Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation. - 97-61.5. Hearing after first examination and report; removal of employee...
§ 97-61.6 - Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis. - 97-61.6. Hearing after third examination and report; compensation for disability...
§ 97-61.7 - Waiver of right to compensation as alternative to forced change of occupation. - 97-61.7. Waiver of right to compensation as alternative to forced...
§ 97-62 - "Silicosis" and "asbestosis" defined. - 97-62. "Silicosis" and "asbestosis" defined. The word "silicosis" shall mean...
§ 97-63 - Period necessary for employee to be exposed. - 97-63. Period necessary for employee to be exposed. Compensation shall...
§ 97-64 - General provisions of act to control as regards benefits. - 97-64. General provisions of act to control as regards benefits....
§ 97-65 - Reduction of rate where tuberculosis develops. - 97-65. Reduction of rate where tuberculosis develops. In case of...
§ 97-66 - Claim where benefits are discontinued. - 97-66. Claim where benefits are discontinued. Where compensation payments have...
§ 97-67 - Postmortem examinations; notice to next of kin and insurance carrier. - 97-67. Postmortem examinations; notice to next of kin and insurance...
§ 97-68 - Controverted medical questions. - 97-68. Controverted medical questions. The Industrial Commission may at its...
§ 97-69 - Examination by advisory medical committee; inspection of medical reports. - 97-69. Examination by advisory medical committee; inspection of medical reports....
§ 97-70 - Report of committee to Industrial Commission. - 97-70. Report of committee to Industrial Commission. The advisory medical...
§ 97-71 - Filing report; right of hearing on report. - 97-71. Filing report; right of hearing on report. The advisory...
§ 97-72 - Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses. - 97-72. Appointment of advisory medical committee; terms of office; duties...
§ 97-73 - Fees. - 97-73. Fees. (a) Claims. - Except as provided in subsection...
§ 97-74 - Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund. - 97-74. Expense of hearings taxed as costs in compensation cases;...
§ 97-77 - North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman. - 97-77. North Carolina Industrial Commission created; members appointed by Governor;...
§ 97-77.1 - Expired. - 97-77.1. Expired.
§ 97-78 - Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report. - 97-78. Salaries and expenses; administrator, executive secretary, deputy commissioners, and...
§ 97-78.1 - Standards of judicial conduct to apply to commissioners and deputy commissioners. - 97-78.1. Standards of judicial conduct to apply to commissioners and...
§ 97-79 - Offices and supplies; deputies with power to subpoena witnesses and to take testimony; meetings; hearings. - 97-79. Offices and supplies; deputies with power to subpoena witnesses...
§ 97-80 - Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs. - 97-80. Rules and regulations; subpoena of witnesses; examination of books...
§ 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. - 97-81. Blank forms and literature; statistics; safety provisions; accident reports;...
§ 97-82 - Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award. - 97-82. Memorandum of agreement between employer and employee to be...
§ 97-83 - Commission is to make award after hearing. - 97-83. Commission is to make award after hearing. If the...
§ 97-83.1 - Facilities for hearings; security. - 97-83.1. Facilities for hearings; security. The senior resident superior court...
§ 97-84 - Determination of disputes by Commission or deputy. - 97-84. Determination of disputes by Commission or deputy. The Commission...
§ 97-85 - Review of award. - 97-85. Review of award. (a) If application is made to...
§ 97-86 - Award conclusive as to facts; appeal; certified questions of law. - 97-86. Award conclusive as to facts; appeal; certified questions of...
§ 97-86.1 - Payment of award pending appeal in certain cases. - 97-86.1. Payment of award pending appeal in certain cases. (a)...
§ 97-86.2 - Interest on awards after hearing. - 97-86.2. Interest on awards after hearing. In any workers' compensation...
§ 97-87 - Judgments on awards. - 97-87. Judgments on awards. (a) As used in this section,...
§ 97-88 - Expenses of appeals brought by insurers. - 97-88. Expenses of appeals brought by insurers. If the Industrial...
§ 97-88.1 - Attorney's fees at original hearing. - 97-88.1. Attorney's fees at original hearing. If the Industrial Commission...
§ 97-88.2 - Penalty for fraud. - 97-88.2. Penalty for fraud. (a) Any person who willfully makes...
§ 97-88.3 - Penalty for health care providers. - 97-88.3. Penalty for health care providers. (a) In addition to...
§ 97-89 - Commission may appoint qualified physician to make necessary examinations; expenses; fees. - 97-89. Commission may appoint qualified physician to make necessary examinations;...
§ 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. Legal and medical fees to be approved by Commission;...
§ 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. - 97-90.1. Insurers that provide employee's health benefit plans, disability income...
§ 97-91 - Commission to determine all questions. - 97-91. Commission to determine all questions. All questions arising under...
§ 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. - 97-92. Employer's record and report of accidents; records of Commission...
§ 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. - 97-93. Employers required to carry insurance or prove financial ability...
§ 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. - 97-94. Employers required to give proof that they have complied...
§ 97-95 - Actions against employers failing to effect insurance or qualify as self-insurer. - 97-95. Actions against employers failing to effect insurance or qualify...
§ 97-97 - Insurance policies must contain clause that notice to employer is notice to insurer, etc. - 97-97. Insurance policies must contain clause that notice to employer...
§ 97-98 - Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default. - 97-98. Policy must contain agreement promptly to pay benefits; continuance...
§ 97-99 - Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards. - 97-99. Law written into each insurance policy; form of policy...
§ 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. - 97-100. Rates for insurance; carrier to make reports for determination...
§ 97-101 - Collection of fines and penalties. - 97-101. Collection of fines and penalties. The Industrial Commission shall...
§ 97-101.1 - Commission may issue writs of habeas corpus. - 97-101.1. Commission may issue writs of habeas corpus. The Industrial...
Article 4 - North Carolina Self-Insurance Security Association.
§ 97-130 - Definitions. - 97-130. Definitions. As used in this Article: (1) "Association" means...
§ 97-131 - Creation. - 97-131. Creation. (a) There is created a nonprofit unincorporated legal...
§ 97-132 - Board of directors. - 97-132. Board of directors. The Board shall consist of not...
§ 97-133 - Powers and duties of the Association. - 97-133. Powers and duties of the Association. (a) The Association...
§ 97-134 - Plan of Operation. - 97-134. Plan of Operation. The Plan is as follows: (1)...
§ 97-135 - Insolvency. - 97-135. Insolvency. A member self-insurer shall be insolvent for the...
§ 97-136 - Powers and duties of the Commissioner. - 97-136. Powers and duties of the Commissioner. (a) The Commissioner...
§ 97-137 - Examination of the Association. - 97-137. Examination of the Association. The Association shall be subject...
§ 97-138 - Tax exemption. - 97-138. Tax exemption. The Association shall be exempt from payment...
§ 97-139 - Immunity. - 97-139. Immunity. There shall be no liability on the part...
§ 97-140 - Nonduplication of recovery. - 97-140. Nonduplication of recovery. Any person having a covered claim...
§ 97-141 - Stay of proceedings. - 97-141. Stay of proceedings. All claims or proceedings under this...
§ 97-142 - Disposition of assets upon dissolution. - 97-142. Disposition of assets upon dissolution. In the event of...
§ 97-143 - Use of deposits made by insolvent member self-insurers. - 97-143. Use of deposits made by insolvent member self-insurers. After...
Article 5 - Individual Employers.
§ 97-165 - Definitions. - 97-165. Definitions. As used in this Article: (1) "Act" means...
§ 97-170 - License applications; required information. - 97-170. License applications; required information. (a) No employer shall self-insure...
§ 97-175 - License. - 97-175. License. (a) After the review of the application and...
§ 97-177 - License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements. - 97-177. License covering applicant and any subsidiary or applicant relying...
§ 97-180 - Reporting and records. - 97-180. Reporting and records. (a) Every self-insurer shall submit, within...
§ 97-185 - Deposits; surety bonds; letters of credit. - 97-185. Deposits; surety bonds; letters of credit. (a) Repealed by...
§ 97-190 - Excess insurance. - 97-190. Excess insurance. (a) Every self-insurer, as a prerequisite for...
§ 97-195 - Revocation, suspension or restriction of license. - 97-195. Revocation, suspension or restriction of license. (a) Repealed by...
§ 97-196 - Civil penalties or restitution for violations; administrative procedure. - 97-196. Civil penalties or restitution for violations; administrative procedure. (a)...
§ 97-200 - Claims administration. - 97-200. Claims administration. (a) A self-insurer shall not utilize any...