§ 97-1 – Short title.
97-1. Short title. This Article shall be known and cited as The North Carolina Workers’ Compensation Act. (1929, c. 120, s. 1; 1979, c. 714, s. 1.)
§ 97-1.1 – References to workmen's compensation.
97-1.1. References to workmen’s compensation. Any reference in any act, public or local, to the "Workmen’s Compensation Act," "Workmen’s Compensation," or "workmen’s compensation" shall be deemed to refer respectively to "Workers’ Compensation Act," "Workers’ Compensation" or "workers’ compensation." (1979, c. 714, s. 4.)
§ 97-10.1 – Other rights and remedies against employer excluded.
97-10.1. Other rights and remedies against employer excluded. If the employee and the employer are subject to and have complied with the provisions of this Article, then the rights and remedies herein granted to the employee, his dependents, next of kin, or personal representative shall exclude all other rights and remedies of the employee, his […]
§ 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 party; rights and remedies against third parties. (a) The right to compensation and other benefits under this Article for disability, disfigurement, or death shall not be affected by the fact that the injury or death was caused under circumstances creating a liability in some person […]
§ 97-10.3 – Minors illegally employed.
97-10.3. Minors illegally employed. In any case where an employer and employee are subject to the provisions of this Chapter, any injury to a minor while employed contrary to the laws of this State shall be compensable under this Chapter as if said minor were an adult, subject to the other provisions of this Chapter. […]
§ 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 of solvency; tax upon premium; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices. (a) The rates charged by all carriers of insurance, including the parties to any mutual insurance association writing insurance against the liability for compensation under this Article, shall be fair, […]
§ 97-101 – Collection of fines and penalties.
97-101. Collection of fines and penalties. The Industrial Commission shall have the power by civil action brought in its own name to enforce the collection of any fines or penalties provided by this Article. (1931, c. 274, s. 14; 2015-264, s. 52.)
§ 97-101.1 – Commission may issue writs of habeas corpus.
97-101.1. Commission may issue writs of habeas corpus. The Industrial Commission may issue a writ of habeas corpus ad testificandum under Article 8 of Chapter 17 of the General Statutes although it is not a court of record. (1998-217, s. 31.1(a).)
§ 97-11 – Employer not relieved of statutory duty.
97-11. Employer not relieved of statutory duty. Nothing in this Article shall be construed to relieve any employer or employee from penalty for failure or neglect to perform any statutory duty. (1929, c. 120, s. 12.)
§ 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 disobedience of statutory duty, safety regulation or rule. No compensation shall be payable if the injury or death to the employee was proximately caused by: (1) His intoxication, provided the intoxicant was not supplied by the employer or his agent in a supervisory capacity to […]
§ 97-12.1 – Willful misrepresentation in applying for employment.
97-12.1. Willful misrepresentation in applying for employment. No compensation shall be allowed under this Article for injury by accident or occupational disease if the employer proves that (i) at the time of hire or in the course of entering into employment, (ii) at the time of receiving notice of the removal of conditions from a […]
§ 97-13 – Exceptions from provisions of Article[Effective until January 1, 2023]
97-13. Exceptions from provisions of Article. [Effective until January 1, 2023] (a) Employees of Certain Railroads. – This Article shall not apply to railroads or railroad employees nor in any way repeal, amend, alter or affect Article 8 of Chapter 60 or any section thereof relating to the liability of railroads for injuries to employees, […]
§ 97-17 – Settlements allowed in accordance with Article.
97-17. Settlements allowed in accordance with Article. (a) This article does not prevent settlements made by and between the employee and employer so long as the amount of compensation and the time and manner of payment are in accordance with the provisions of this Article. A copy of a settlement agreement shall be filed by […]
§ 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; notice to Commission; penalties. (a) Compensation under this Article shall be paid periodically, promptly and directly to the person entitled thereto unless otherwise specifically provided. (b) When the employer or insurer admits the employee’s right to compensation, the first installment of compensation payable by the […]
§ 97-18.1 – Termination or suspension of compensation benefits.
97-18.1. Termination or suspension of compensation benefits. (a) Payments of compensation pursuant to an award of the Commission shall continue until the terms of the award have been fully satisfied. (b) An employer may terminate payment of compensation for total disability being paid pursuant to G.S. 97-29 when the employee has returned to work for […]
§ 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 with law; right to recover compensation of those who would have been liable; order of liability. Any principal contractor, intermediate contractor, or subcontractor who shall sublet any contract for the performance of any work without obtaining from such subcontractor or obtaining from the Industrial Commission […]
§ 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 employee or independent contractor. (a) An individual in the interstate or intrastate carrier industry who operates a truck, tractor, or truck tractor trailer licensed by a governmental motor vehicle regulatory agency may be an employee or an independent contractor under this Article dependent upon the […]
§ 97-2 – Definitions.
97-2. Definitions. When used in this Article, unless the context otherwise requires: (1) Employment. – The term "employment" includes employment by the State and all political subdivisions thereof, and all public and quasi-public corporations therein and all private employments in which three or more employees are regularly employed in the same business or establishment or […]
§ 97-20 – Priority of compensation claims against assets of employer.
97-20. Priority of compensation claims against assets of employer. All rights of compensation granted by this Article shall have the same preference or priority for the whole thereof against the assets of the employer as is allowed by law for any unpaid wages for labor. (1929, c. 120, s. 20.)
§ 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 of employee to contribute to premium or waive right to compensation void; unlawful deduction by employer. No claim for compensation under this Article shall be assignable, and all compensation and claims therefor shall be exempt from all claims of creditors and from taxes. No agreement […]