N.C. Gen. Stat. § 97-1
Short title
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.)
North Carolina General Statutes Chapter 97 — Chapter 97.
North Carolina · statute · N.C. Gen. Stat. ch. 97 · 155 active provisions
Provisions
N.C. Gen. Stat. § 97-1.1
References to workmen's compensation
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.)
N.C. Gen. Stat. § 97-2
Definitions
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…
N.C. Gen. Stat. § 97-3
Presumption that all employers and employees have come under provisions of Article
Presumption that all employers and employees have come under provisions of Article. From and after January 1, 1975, every employer and employee, as hereinbefore defined and except as herein stated, shall be presumed to have accepted the provisions of this Article respectively to pay and accept compensation for personal…
N.C. Gen. Stat. § 97-5
Presumption as to contract of service
Presumption as to contract of service. Every contract of service between any employer and employee covered by this Article, written or implied, now in operation or made or implied prior to July 1, 1929, shall, after that date, be presumed to continue, subject to the provisions of this Article; and every such contract m…
N.C. Gen. Stat. § 97-5.1
Presumption that taxicab drivers are independent contractors
Presumption that taxicab drivers are independent contractors. (a) It shall be a rebuttable presumption under this Chapter that any person who operates, and who has an ownership or leasehold interest in, a passenger motor vehicle that is operated as a taxicab is an independent contractor for the purposes of this Chapter…
N.C. Gen. Stat. § 97-6
No special contract can relieve an employer of obligations
No special contract can relieve an employer of obligations. No contract or agreement, written or implied, no rule, regulation, or other device shall in any manner operate to relieve an employer in whole or in part, of any obligation created by this Article, except as herein otherwise expressly provided. (1929, c. 120,…
N.C. Gen. Stat. § 97-7
State or subdivision and employees thereof
State or subdivision and employees thereof. Neither the State nor any municipal corporation within the State, nor any political subdivision thereof, nor any employee of the State or of any such corporation or subdivision, shall have the right to reject the provisions of this Article relative to payment and acceptance o…
N.C. Gen. Stat. § 97-8
Prior injuries and deaths unaffected
Prior injuries and deaths unaffected. The provisions of this Article shall not apply to injuries or deaths, nor to accidents which occurred prior to July 1, 1929. (1929, c. 120, s. 9.)
N.C. Gen. Stat. § 97-9
Employer to secure payment of compensation
Employer to secure payment of compensation. Every employer subject to the compensation provisions of this Article shall secure the payment of compensation to his employees in the manner hereinafter provided; and while such security remains in force, he or those conducting his business shall only be liable to any employ…
N.C. Gen. Stat. § 97-10.1
Other rights and remedies against employer excluded
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…
N.C. Gen. Stat. § 97-10.2
Rights under Article not affected by liability of third party; rights and remedies against third parties
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 liabi…
N.C. Gen. Stat. § 97-10.3
Minors illegally employed
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. (1929, c.…
N.C. Gen. Stat. § 97-11
Employer not relieved of statutory duty
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.)
N.C. Gen. Stat. § 97-12
Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule
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…
N.C. Gen. Stat. § 97-12.1
Willful misrepresentation in applying for employment
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 fro…
N.C. Gen. Stat. § 97-13
Exceptions from provisions of Article
Exceptions from provisions of Article. (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, nor upon the trial o…
N.C. Gen. Stat. § 97-17
Settlements allowed in accordance with Article
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 t…
N.C. Gen. Stat. § 97-18
Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties
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 empl…
N.C. Gen. Stat. § 97-18.1
Termination or suspension of compensation benefits
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 ha…
N.C. Gen. Stat. § 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
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 obtai…
N.C. Gen. Stat. § 97-19.1
Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor
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 contr…
N.C. Gen. Stat. § 97-20
Priority of compensation claims against assets of employer
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.)
N.C. Gen. Stat. § 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
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…
N.C. Gen. Stat. § 97-22
Notice of accident to employer
Notice of accident to employer. Every injured employee or his representative shall immediately on the occurrence of an accident, or as soon thereafter as practicable, give or cause to be given to the employer a written notice of the accident, and the employee shall not be entitled to physician's fees nor to any compens…
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