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A public reference institution of the State of North Carolina's law

North Carolina Law

General Statutes

Chapter 97

153 published sections.

Article 1 - Workers' Compensation Act

  • N.C.G.S. § 97-1 — Short title.
  • N.C.G.S. § 97-1.1 — References to workmen's compensation.
  • N.C.G.S. § 97-2 — Definitions.
  • N.C.G.S. § 97-3 — Presumption that all employers and employees have come under provisions of Article.
  • N.C.G.S. § 97-5 — Presumption as to contract of service.
  • N.C.G.S. § 97-5.1 — Presumption that taxicab drivers are independent contractors.
  • N.C.G.S. § 97-6 — No special contract can relieve an employer of obligations.
  • N.C.G.S. § 97-7 — State or subdivision and employees thereof.
  • N.C.G.S. § 97-8 — Prior injuries and deaths unaffected.
  • N.C.G.S. § 97-9 — Employer to secure payment of compensation.
  • N.C.G.S. § 97-10.1 — Other rights and remedies against employer excluded.
  • N.C.G.S. § 97-10.2 — Rights under Article not affected by liability of third party; rights and remedies against third parties.
  • N.C.G.S. § 97-10.3 — Minors illegally employed.
  • N.C.G.S. § 97-11 — Employer not relieved of statutory duty.
  • N.C.G.S. § 97-12 — Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.
  • N.C.G.S. § 97-12.1 — Willful misrepresentation in applying for employment.
  • N.C.G.S. § 97-13 — Exceptions from provisions of Article.
  • N.C.G.S. § 97-17 — Settlements allowed in accordance with Article.
  • N.C.G.S. § 97-18 — Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties.
  • N.C.G.S. § 97-18.1 — Termination or suspension of compensation benefits.
  • N.C.G.S. § 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.
  • N.C.G.S. § 97-19.1 — Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor.
  • N.C.G.S. § 97-20 — Priority of compensation claims against assets of employer.
  • N.C.G.S. § 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.
  • N.C.G.S. § 97-22 — Notice of accident to employer.
  • N.C.G.S. § 97-23 — What notice is to contain; defects no bar; notice personally or by registered letter or certified mail.
  • N.C.G.S. § 97-24 — Right to compensation barred after two years; destruction of records.
  • N.C.G.S. § 97-25 — Medical treatment and supplies.
  • N.C.G.S. § 97-25.1 — Limitation of duration of medical compensation.
  • N.C.G.S. § 97-25.2 — Managed care organizations.
  • N.C.G.S. § 97-25.3 — Preauthorization.
  • N.C.G.S. § 97-25.4 — Utilization guidelines for medical treatment.
  • N.C.G.S. § 97-25.5 — Utilization guidelines for vocational and other rehabilitation.
  • N.C.G.S. § 97-25.6 — Reasonable access to medical information.
  • N.C.G.S. § 97-26 — Fees allowed for medical treatment; malpractice of physician.
  • N.C.G.S. § 97-26.1 — Fees for medical records and reports; expert witnesses; communications with health care providers.
  • N.C.G.S. § 97-26.2 — Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services.
  • N.C.G.S. § 97-27 — Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy.
  • N.C.G.S. § 97-28 — Seven-day waiting period; exceptions.
  • N.C.G.S. § 97-29 — (Effective until July 1, 2027) Rates and duration of compensation for total incapacity.
  • N.C.G.S. § 97-29.1 — Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973.
  • N.C.G.S. § 97-30 — Partial incapacity.
  • N.C.G.S. § 97-31 — (Effective until July 1, 2027) Schedule of injuries; rate and period of compensation.
  • N.C.G.S. § 97-31.1 — Effective date of legislative changes in benefits.
  • N.C.G.S. § 97-32 — Refusal of injured employee to accept suitable employment as suspending compensation.
  • N.C.G.S. § 97-32.1 — Trial return to work.
  • N.C.G.S. § 97-32.2 — Vocational rehabilitation.
  • N.C.G.S. § 97-33 — Prorating in event of earlier disability or injury.
  • N.C.G.S. § 97-34 — Employee receiving an injury when being compensated for former injury.
  • N.C.G.S. § 97-35 — How compensation paid for two injuries; employer liable only for subsequent injury.
  • N.C.G.S. § 97-36 — Accidents taking place outside State; employees receiving compensation from another state.
  • N.C.G.S. § 97-37 — Where injured employee dies before total compensation is paid.
  • N.C.G.S. § 97-38 — Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents.
  • N.C.G.S. § 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.
  • N.C.G.S. § 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.
  • N.C.G.S. § 97-40.1 — Second Injury Fund.
  • N.C.G.S. § 97-42 — Deduction of payments.
  • N.C.G.S. § 97-42.1 — Credit for unemployment benefits.
  • N.C.G.S. § 97-43 — Commission may prescribe monthly or quarterly payments.
  • N.C.G.S. § 97-44 — Lump sums.
  • N.C.G.S. § 97-45 — Reducing to judgment outstanding liability of insurance carriers withdrawing from State.
  • N.C.G.S. § 97-46 — Lump sum payments to trustee; receipt to discharge employer.
  • N.C.G.S. § 97-47 — Change of condition; modification of award.
  • N.C.G.S. § 97-47.1 — Payment without prejudice; limitations period.
  • N.C.G.S. § 97-48 — Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer.
  • N.C.G.S. § 97-49 — Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc.
  • N.C.G.S. § 97-50 — Limitation as against minors or mentally incompetent.
  • N.C.G.S. § 97-51 — Joint employment; liabilities.
  • N.C.G.S. § 97-52 — Occupational disease made compensable; "accident" defined.
  • N.C.G.S. § 97-53 — (See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals.
  • N.C.G.S. § 97-54 — "Disablement" defined.
  • N.C.G.S. § 97-55 — "Disability" defined.
  • N.C.G.S. § 97-56 — Limitation on compensable diseases.
  • N.C.G.S. § 97-57 — Employer liable.
  • N.C.G.S. § 97-58 — Time limit for filing claims.
  • N.C.G.S. § 97-59 — Employer to pay for treatment.
  • N.C.G.S. § 97-61.1 — First examination of and report on employee having asbestosis or silicosis.
  • N.C.G.S. § 97-61.2 — Filing of first report; right of hearing; effect of report as testimony.
  • N.C.G.S. § 97-61.3 — Second examination and report.
  • N.C.G.S. § 97-61.4 — Third examination and report.
  • N.C.G.S. § 97-61.5 — Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation.
  • N.C.G.S. § 97-61.6 — Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis.
  • N.C.G.S. § 97-61.7 — Waiver of right to compensation as alternative to forced change of occupation.
  • N.C.G.S. § 97-62 — "Silicosis" and "asbestosis" defined.
  • N.C.G.S. § 97-63 — Period necessary for employee to be exposed.
  • N.C.G.S. § 97-64 — General provisions of act to control as regards benefits.
  • N.C.G.S. § 97-65 — Reduction of rate where tuberculosis develops.
  • N.C.G.S. § 97-66 — Claim where benefits are discontinued.
  • N.C.G.S. § 97-67 — Postmortem examinations; notice to next of kin and insurance carrier.
  • N.C.G.S. § 97-68 — Controverted medical questions.
  • N.C.G.S. § 97-69 — Examination by advisory medical committee; inspection of medical reports.
  • N.C.G.S. § 97-70 — Report of committee to Industrial Commission.
  • N.C.G.S. § 97-71 — Filing report; right of hearing on report.
  • N.C.G.S. § 97-72 — Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses.
  • N.C.G.S. § 97-73 — Fees.
  • N.C.G.S. § 97-74 — Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.
  • N.C.G.S. § 97-77 — North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
  • N.C.G.S. § 97-78 — Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.
  • N.C.G.S. § 97-78.1 — Standards of judicial conduct to apply to commissioners and deputy commissioners.
  • N.C.G.S. § 97-79 — Offices and supplies; deputies with power to subpoena witnesses and to take testimony; meetings; hearings.
  • N.C.G.S. § 97-80 — Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.
  • N.C.G.S. § 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.
  • N.C.G.S. § 97-82 — Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award.
  • N.C.G.S. § 97-83 — Commission is to make award after hearing.
  • N.C.G.S. § 97-83.1 — Facilities for hearings; security.
  • N.C.G.S. § 97-84 — Determination of disputes by Commission or deputy.
  • N.C.G.S. § 97-85 — Review of award.
  • N.C.G.S. § 97-86 — Award conclusive as to facts; appeal; certified questions of law.
  • N.C.G.S. § 97-86.1 — Payment of award pending appeal in certain cases.
  • N.C.G.S. § 97-86.2 — Interest on awards after hearing.
  • N.C.G.S. § 97-87 — Judgments on awards.
  • N.C.G.S. § 97-88 — Expenses of appeals brought by insurers.
  • N.C.G.S. § 97-88.1 — Attorney's fees at original hearing.
  • N.C.G.S. § 97-88.2 — Penalty for fraud.
  • N.C.G.S. § 97-88.3 — Penalty for health care providers.
  • N.C.G.S. § 97-89 — Commission may appoint qualified physician to make necessary examinations; expenses; fees.
  • N.C.G.S. § 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.
  • N.C.G.S. § 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.
  • N.C.G.S. § 97-91 — Commission to determine all questions.
  • N.C.G.S. § 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.
  • N.C.G.S. § 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.
  • N.C.G.S. § 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.
  • N.C.G.S. § 97-95 — Actions against employers failing to effect insurance or qualify as self-insurer.
  • N.C.G.S. § 97-97 — Insurance policies must contain clause that notice to employer is notice to insurer, etc.
  • N.C.G.S. § 97-98 — Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default.
  • N.C.G.S. § 97-99 — Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards.
  • N.C.G.S. § 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.
  • N.C.G.S. § 97-101 — Collection of fines and penalties.
  • N.C.G.S. § 97-101.1 — Commission may issue writs of habeas corpus.

Article 4 - North Carolina Self-Insurance Security Association

Article 5 - Individual Employers