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Workers' Compensation Act.
Law
North Carolina General Statutes
Workers' Compensation Act
Workers' Compensation Act.
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Section
97-1
Short title.
Section
97-1.1
References to workmen's compensation.
Section
97-2
Definitions.
Section
97-3
Presumption that all employers and employees have come under provisions of Article.
Sections
97-4
Repealed by Session Laws 1973, c. 1291, s. 2.
Section
97-5
Presumption as to contract of service.
Section
97-5.1
Presumption that taxicab drivers are independent contractors.
Section
97-6
No special contract can relieve an employer of obligations.
Sections
97-6.1
Repealed by 1991 (Regular Session, 1992), c. 1021, s. 4.
Section
97-7
State or subdivision and employees thereof.
Section
97-8
Prior injuries and deaths unaffected.
Section
97-9
Employer to secure payment of compensation.
Sections
97-10
Repealed by Session Laws 1959, c. 1324.
Section
97-10.1
Other rights and remedies against employer excluded.
Section
97-10.2
Rights under Article not affected by liability of third party; rights and remedies against third parties.
Section
97-10.3
Minors illegally employed.
Section
97-11
Employer not relieved of statutory duty.
Section
97-12
Use of intoxicant or controlled substance; willful neglect; willful disobedience of statutory duty, safety regulation or rule.
Section
97-12.1
Willful misrepresentation in applying for employment.
Section
97-13
Exceptions from provisions of Article.
Sections
97-14 through 97-16 - through 97
Repealed by Session Laws 1973, c. 1291, ss. 7-9.
Section
97-17
Settlements allowed in accordance with Article.
Section
97-18
Prompt payment of compensation required; installments; payment without prejudice; notice to Commission; penalties.
Section
97-18.1
Termination or suspension of compensation benefits.
Section
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.
Section
97-19.1
Truck, tractor, or truck tractor trailer driver's status as employee or independent contractor.
Section
97-20
Priority of compensation claims against assets of employer.
Section
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.
Section
97-22
Notice of accident to employer.
Section
97-23
What notice is to contain; defects no bar; notice personally or by registered letter or certified mail.
Section
97-24
Right to compensation barred after two years; destruction of records.
Section
97-25
Medical treatment and supplies.
Section
97-25.1
Limitation of duration of medical compensation.
Section
97-25.2
Managed care organizations.
Section
97-25.3
Preauthorization.
Section
97-25.4
Utilization guidelines for medical treatment.
Section
97-25.5
Utilization guidelines for vocational and other rehabilitation.
Section
97-25.6
Reasonable access to medical information.
Section
97-26
Fees allowed for medical treatment; malpractice of physician.
Section
97-26.1
Fees for medical records and reports; expert witnesses; communications with health care providers.
Section
97-26.2
Reimbursement for prescription drugs, prescribed over-the-counter drugs, and professional pharmaceutical services.
Section
97-27
Medical examination; facts not privileged; refusal to be examined suspends compensation; other medical opinions; autopsy.
Section
97-28
Seven-day waiting period; exceptions.
Section
97-29
Rates and duration of compensation for total incapacity.
Section
97-29.1
Increase in payments in cases for total and permanent disability occurring prior to July 1, 1973.
Section
97-30
Partial incapacity.
Section
97-31
Schedule of injuries; rate and period of compensation.
Section
97-31.1
Effective date of legislative changes in benefits.
Section
97-32
Refusal of injured employee to accept suitable employment as suspending compensation.
Section
97-32.1
Trial return to work.
Section
97-32.2
Vocational rehabilitation.
Section
97-33
Prorating in event of earlier disability or injury.
Section
97-34
Employee receiving an injury when being compensated for former injury.
Section
97-35
How compensation paid for two injuries; employer liable only for subsequent injury.
Section
97-36
Accidents taking place outside State; employees receiving compensation from another state.
Section
97-37
Where injured employee dies before total compensation is paid.
Section
97-38
Where death results proximately from compensable injury or occupational disease; dependents; burial expenses; compensation to aliens; election by partial dependents.
Section
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.
Section
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.
Section
97-40.1
Second Injury Fund.
Sections
97-41
Repealed by Session Laws 1973, c. 1308, s. 5.
Section
97-42
Deduction of payments.
Section
97-42.1
Credit for unemployment benefits.
Section
97-43
Commission may prescribe monthly or quarterly payments.
Section
97-44
Lump sums.
Section
97-45
Reducing to judgment outstanding liability of insurance carriers withdrawing from State.
Section
97-46
Lump sum payments to trustee; receipt to discharge employer.
Section
97-47
Change of condition; modification of award.
Section
97-47.1
Payment without prejudice; limitations period.
Section
97-48
Receipts relieving employer; payment to minors; when payment of claims to dependents subsequent in right discharges employer.
Section
97-49
Benefits of mentally incompetent or minor employees under 18 may be paid to a trustee, etc.
Section
97-50
Limitation as against minors or mentally incompetent.
Section
97-51
Joint employment; liabilities.
Section
97-52
Occupational disease made compensable; "accident" defined.
Section
97-53
(See editor's note on condition precedent) Occupational diseases enumerated; when due to exposure to chemicals.
Section
97-54
"Disablement" defined.
Section
97-55
"Disability" defined.
Section
97-56
Limitation on compensable diseases.
Section
97-57
Employer liable.
Section
97-58
Time limit for filing claims.
Section
97-59
Employer to pay for treatment.
Sections
97-60
Repealed by Session Laws 2003-284, s. 10.33(a), effective July 1, 2003.
Section
97-61
Rewritten as §§ 97-61.1 to 97-61.7.
Section
97-61.1
First examination of and report on employee having asbestosis or silicosis.
Section
97-61.2
Filing of first report; right of hearing; effect of report as testimony.
Section
97-61.3
Second examination and report.
Section
97-61.4
Third examination and report.
Section
97-61.5
Hearing after first examination and report; removal of employee from hazardous occupation; compensation upon removal from hazardous occupation.
Section
97-61.6
Hearing after third examination and report; compensation for disability and death from asbestosis or silicosis.
Section
97-61.7
Waiver of right to compensation as alternative to forced change of occupation.
Section
97-62
"Silicosis" and "asbestosis" defined.
Section
97-63
Period necessary for employee to be exposed.
Section
97-64
General provisions of act to control as regards benefits.
Section
97-65
Reduction of rate where tuberculosis develops.
Section
97-66
Claim where benefits are discontinued.
Section
97-67
Postmortem examinations; notice to next of kin and insurance carrier.
Section
97-68
Controverted medical questions.
Section
97-69
Examination by advisory medical committee; inspection of medical reports.
Section
97-70
Report of committee to Industrial Commission.
Section
97-71
Filing report; right of hearing on report.
Section
97-72
Appointment of advisory medical committee; terms of office; duties and functions; salaries and expenses.
Section
97-73
Fees.
Section
97-74
Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.
Sections
97-75
Repealed by Session Laws 2003-284, s. 10.33(f), effective July 1, 2003.
Section
97-76
Repealed by Session Laws 2003-284, s. 10.33(f), effective July 1, 2003.
Section
97-77
North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
Section
97-77.1
Expired.
Section
97-78
Salaries and expenses; administrator, executive secretary, deputy commissioners, and other staff assistance; annual report.
Section
97-78.1
Standards of judicial conduct to apply to commissioners and deputy commissioners.
Section
97-79
Offices and supplies; deputies with power to subpoena witnesses and to take testimony; meetings; hearings.
Section
97-80
Rules and regulations; subpoena of witnesses; examination of books and records; depositions; costs.
Section
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.
Section
97-82
Memorandum of agreement between employer and employee to be submitted to Commission on prescribed forms for approval; direct payment as award.
Section
97-83
Commission is to make award after hearing.
Section
97-83.1
Facilities for hearings; security.
Section
97-84
Determination of disputes by Commission or deputy.
Section
97-85
Review of award.
Section
97-86
Award conclusive as to facts; appeal; certified questions of law.
Section
97-86.1
Payment of award pending appeal in certain cases.
Section
97-86.2
Interest on awards after hearing.
Section
97-87
Judgments on awards.
Section
97-88
Expenses of appeals brought by insurers.
Section
97-88.1
Attorney's fees at original hearing.
Section
97-88.2
Penalty for fraud.
Section
97-88.3
Penalty for health care providers.
Section
97-89
Commission may appoint qualified physician to make necessary examinations; expenses; fees.
Section
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.
Section
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.
Section
97-91
Commission to determine all questions.
Section
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.
Section
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.
Section
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.
Section
97-95
Actions against employers failing to effect insurance or qualify as self-insurer.
Sections
97-96
Repealed by Session Laws 1997-362, s. 7.
Section
97-97
Insurance policies must contain clause that notice to employer is notice to insurer, etc.
Section
97-98
Policy must contain agreement promptly to pay benefits; continuance of obligation of insurer in event of default.
Section
97-99
Law written into each insurance policy; form of policy to be approved by Commissioner of Insurance; single catastrophe hazards.
Section
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.
Section
97-101
Collection of fines and penalties.
Section
97-101.1
Commission may issue writs of habeas corpus.