Email To A Friend
Chapter 97 Workers' Compensation Act
Click here for - §97-1 - §97-20
§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.
§97-4. [Repealed.]
§97-5. Presumption as to contract of service.
No special contract can relieve an employer of obligations.
§§97-6. 97-6.1. [Repealed.]
§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. [Repealed.]
§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.
§97-13. Exceptions from provisions of Article.
§97-14 through §97-16. [Repealed.]
§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.
Click here for - §97-21 - §97-40
§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.
§97-27. Medical examination; facts not privileged; refusal to be examined suspends compensation; autopsy.
§97-28. Seven-day waiting period; exceptions.
§97-29. Compensation rates 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. [Note: Effective until January 1, 1997, contingent on approval of constitutional amendments.] 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.
§97-33. 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.
Click here for - §97-41 - §97-60
§97-41. [Repealed.]
§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. 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.
§97-60. [Repealed.]
Click here for - §97-61 - §97-80
§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.
§97-61.2. 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.
§97-75. [Repealed.]
§97-76. [Repealed.]
§97-77. North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
§97-77.1. [Note: Expires July 1, 1997.] Advisory council.
§97-78. Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.
§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.
Click here for - §97-81 - §97-101
§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. [Note: Effective October 1, 1996.] 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. Filing agreements approved by Commission or awards judgment in accordance therewith; discharge or restoration of lien.
§97-88. Expenses of appeals brought by insurers.
§97-88.1. Attorney's fees at original hearing.
§97-88.2. Penalty for misrepresentation.
§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.
§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; failure to secure payment of compensation a misdemeanor.
§97-95. Actions against employers failing to effect insurance or qualify as self-insurer.
§97-96. [Repealed.]
§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; returned or canceled premiums; reports of premiums collected; wrongful or fraudulent representation of carrier punishable as misdemeanor; notices to carrier; employer who carries own risk shall make report on payroll.
§97-101. Collection of fines and penalties.
Our firm has total dedication to the injured worker. In order to accomplish that, we handle your claim with the following attitude:
- We stay on top of our cases and move quickly .
- We ensure our clients are receiving all benefits in a timely fashion.
- If the claim is denied, we act quickly and aggressively to obtain hearings and present the best possible claim for our client.
- If it is in our client's best interest to settle, we move it along to obtain a maximum settlement for the client.
- We treat our injured workers with courtesy and respect, understanding our clients§ frustration with being out of work.
Nothing less than a positive, aggressive approach for our clients is acceptable in this firm!
Online Workers' Compensation Contact Form
North Carolina (NC) Workers' Compensation
Frequently Asked Questions about Workers' Compensation
Workers' Compensation Facts & Figures
Information about Forklift Injuries
U.S. Department of Labor - Bureau of Labor Statistics
Information about Workers' Compensation & Union Workers, Page 2
Workers' Compensation Glossary of Legal Terms
How Can We Help?
North Carolina’s Essential Guides to All Your Cases
7 Costly Mistakes That Can Ruin Your Social Security Disability Claim
by Kenneth Hardison and Blair Biser
Click to Call 1(800)-434-8399
Hardison & Associates
- Attorneys at Law
- 4800 Six Forks Road, Suite 220
- Raleigh, NC 27609
Fayetteville, Durham, Dunn, New Bern, Southern Pines, and Wilmington
