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Laws of North Carolina (Last Updated: May 12, 2015) |
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Chapter97. Workers' Compensation Act. |
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Article1. 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 |
| § 97-4. Repealed by Session Laws 1973, c. 1291, s. 2 |
| § 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 |
| § 97-6.1. Repealed by 1991 (Regular Session, 1992), c. 1021, s. 4 |
| § 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 Repealed by Session Laws 1959, c. 1324 |
| § 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 |
| §§ 97-14 through 97-16. Repealed by Session Laws 1973, c. 1291, ss. 7-9 |
| § 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 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 |
| § 97-40.1. Second Injury Fund |
| § 97-41. Repealed by Session Laws 1973, c. 1308, s. 5 |
| § 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 |
| § 97-60. Repealed by Session Laws 2003-284, s. 10.33(a), effective July 1, 2003 |
| § 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, 97-76. Repealed by Session Laws 2003-284, s. 10.33(f), effective July 1, 2003 |
| § 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 |
| § 97-82. 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 |
| § 97-93. 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 |
| § 97-95. Actions against employers failing to effect insurance or qualify as self-insurer |
| § 97-96. Repealed by Session Laws 1997-362, s. 7 |
| § 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 |