North Carolina Workers’ Compensation Law

NOTE: The following excerpts from the North Carolina General Statutes pertain to the N.C. Industrial Commission and its activities.


Table of Contents

Chapters

Chapter 5A. Contempt. | Chapter 8. Evidence. | Chapter 15A. Civil Procedure Act. | Chapter 35A. Incompetency and Guardianship. | Chapter 58 Insurance. | Chapter 69. Fire Protection. | Chapter 84. Attorneys-at-Law. | Chapter 93A. Real Estate License Law. | Chapter 96. Employment Security. | Chapter 97. Workers’ Compensation Act. | Chapter 105. Taxation. | Chapter 115C. Elementary and Secondary Education. | Chapter 115D. Community Colleges. | Chapter 128: Offices and Public Officers. | Chapter 130A. Childhood Vaccine-Related Injury Compensation Program. | Chapter 143. State Departments, Institutions, and Commissions. | Chapter 143B. Executive Reorganization Act of 1973. | Chapter 148. State Prison System. | Chapter 160A. Cities and Towns. | Chapter 166A. North Carolina Emergency Management Act.

Selected Topics

Childhood Vaccine-Related Injury Compensation. | Erroneous Conviction Compensation. | Insurance. | Workers’ Compensation.


Chapter 5A. Contempt.

Article 1. Criminal Contempt.

§5A-11. Criminal contempt.

§5A-12. Punishment; circumstances for fine or imprisonment; reduction of punishment; other measures.

§5A-13. Direct and indirect criminal contempt; proceedings required.

§5A-14. Summary proceedings for contempt.

§5A-15. Plenary proceedings for contempt.

§5A-16. Custody of person charged with criminal contempt.

§5A-17. Appeals.

Article 2. Civil Contempt.

§5A-21. Civil contempt; imprisonment to compel compliance.

§5A-22. Release when civil contempt no longer continues.

§5A-23. Proceedings for civil contempt.

§5A-24. Appeals.

§5A-25. Proceedings as for contempt and civil contempt.

Chapter 8. Evidence.

Article 5. Life Tables.

§8-46. Mortality tables as evidence.

Chapter 15A. Civil Procedure Act.

Article 17. Criminal Process.

§15A-305. Order for arrest.

Chapter 35A. Incompetency and Guardianship.

Article 4. Purpose and Scope; Jurisdiction; Venue.

§35A-1202. Definitions.

§35A-1203. Jurisdiction; authority of clerk.

Article 21. Standby Guardianship.

§35A-1379. Appointment of guardian ad litem.

Chapter 58. Insurance.

Article 48. Postassessment Insurance Guaranty Association.

§58-48-55. Nonduplication of recovery.

§58-48-85. Stay of proceedings; reopening of default judgments.

§58-48-105. Transfer of balance of security funds.

§58-48-110. Purpose of the accounts.

§58-48-115. Creation of Stock Fund Account; maintenance of Stock Fund Account; and distribution of Stock Fund.

§58-48-120. Creation of Mutual Fund Account; maintenance of Mutual Fund Account.

§58-48-125. Payments by the Association.

§58-48-130. Termination.

Article 50. General Regulations.

§58-50-57. Offsets against provider reimbursement for workers’ compensation payments forbidden.

Article 51. Nature of Policies.

§58-51-5. Form of Policy.

Chapter 69. Fire Protection.

Article 3A. Rural Fire Protection Districts.

§69-25.8. Authority, rights, privileges and immunities of counties, etc., performing services under Article.

Chapter 84. Attorneys-at-Law.

Article 1. Qualifications of Attorney; Unauthorized Practice of Law.

§84-4.1. Limited practice of out-of-state attorneys.

Chapter 93A. Real Estate License Law .

Article 1. Real Estate Brokers and Salesmen.

§93A-11. Reimbursement by real estate independent contractor of brokers’ workers’ compensation.

Chapter 96. Employment Security.

Article 1. Employment Security Commission.

§96-4(t)(8). Employment Security.

Chapter 97. Workers’ Compensation Act.

Table of Contents.

Complete Text.

Chapter 105. Taxation.

Article 8B. Taxes Upon Insurance Companies.

§105-228.5. Taxes measured by gross premiums.

Chapter 115C. Elementary and Secondary Education.

Article 17. Supporting Services.

§115C-256. School bus drivers under Workers’ Compensation Act.

§115C-257. Attorney General to pay claims.

§115C-258. Provisions regarding payment.

§115C-259. Claims must be filed within one year.

Article 23. Employment Benefits.

§115C-336. Sick leave.

§115C-337. Workers’ compensation for school employees.

§115C-338. Salaries for employees injured during an episode of violence.

§115C-339. Retirement plan.

Chapter 115D. Community Colleges.

Article 2. Local Administration.

§115D-23. Workers’ Compensation Act applicable to institutional employees.

Chapter 128: Offices and Public Officers.

Article 3. Retirement System for Counties, Cities and Towns.

§128‑26.  Allowance for service.

Chapter 130A. Childhood Vaccine-Related Injury Compensation Program.

Article 17. Childhood Vaccine-Related Injury Compensation Program.

§130A-422. Definitions.

§130A-423. North Carolina Childhood Vaccine-Related Injury Compensation Program; exclusive remedy; relationship to federal law; subrogation.

§130A-424. Industrial Commission authorized to hear and determine claims; damages.

§130A-425. Filing of claims.

§130A-426. Determination of claims.

§130A-427. Commission awards for vaccine-related injuries; duties of Secretary.

§130A-428. Notice of determination of claim; appeal to full commission.

§130A-429. Limitation on claims.

§130A-430. Right of State to bring action against health care provider and manufacturer.

§130A-431. Certain vaccine diversions made felony.

§130A-432. Scope.

§130A-433. Contracts for purchase of vaccines; distribution; fee; rules.

§130A-434. Child Vaccine Injury Compensation Fund established; payments from Fund; transfer of appropriations and receipts.

§130A-435 through $130A-439 [Reserved].

Chapter 143. State Departments, Institutions, and Commissions.

Article 12A. Law-Enforcement Officers’, Firemen’s, Rescue Squad Workers’ and Civil Air Patrol Members’ Death Benefits Act.

§143-166.1. Purpose.

§143-166.2. Definitions.

§143-166.3. Payments; determination.

§143-166.4. Funds; conclusiveness of award.

§143-166.5. Other benefits not affected.

§143-166.6. Awards exempt from taxes.

§143-166.7. Applicability of Article.

§143-166.8 through §143-166.12 [Reserved].

Article 12B. Salary Continuation Plan for Certain State Law-Enforcement Officers.

§143-166.13. Persons entitled to benefits under Article.

§143-166.14. Payment of salary notwithstanding incapacity; Workers’ Compensation Act applicable after two years; duration of payment.

§143-166.15. Application of §97-27; how payments made.

§143-166.16. Effect on workers’ compensation and other benefits; application of §97-24.

§143-166.17. Period of incapacity not charged against sick leave or other leave.

§143-166.18. Report of incapacity.

§143-166.19. Determination of cause and extent of incapacity; hearing before Industrial Commission; appeal; effect of refusal to perform duties.

§143-166.20. Subrogation.

§143-166.21 through §143-166.29 [Reserved].

Article 31. Tort Claims Against State Departments and Agencies.

§143-291. Industrial Commission constituted a court to hear and determine claims; damages; liability insurance in lieu of obligation under Article.

§143-291.1. Costs.

§143-291.2. Costs and fees.

§143-291.3. Counterclaims by State.

§143-292. Notice of determination of claim; appeal to full Commission.

§143-293. Appeals to Court of Appeals.

§143-294. Appeal to Court of Appeals to act as supersedeas.

§143-295. Settlement of claims.

§143-295.1. Settlement of small claims against institutions of the Department of Health and Human Services.

§143-296. Powers of Industrial Commission; deputies.

§143-297. Affidavit of claimant; docketing; venue; notice of hearing; answer, demurrer or other pleading to affidavit.

§143-298. Duty of Attorney General; expenses; subpoenas.

§143-299. Limitation on claims.

§143-299.1. Contributory negligence a matter of defense; burden of proof.

§143-299.2. Limitation on payments by the State.

§143-300. Rules and regulations of Industrial Commission; destruction of records.

§143-300.1. Claims against county and city boards of education for accidents involving school buses or school transportation service vehicles.

§143-300.1A. Claims arising from certain smallpox vaccinations of State employees.

Article 59. Vocational Rehabilitation Services.

§143-547. Subrogation rights; withholding of information a misdemeanor.

Chapter 143B. Executive Reorganization Act of 1973.

Article 11. Department of Crime Control and Public Safety. Part 5. Civil Air Patrol.

§143B-491. Personnel and benefits.

§143B-492. State liability.

Chapter 148. State Prison System.

Article 8. Compensation to Persons Erroneously Convicted of Felonies.

§148-82. Provision for compensation.

§148-83. Form, requisites and contents of petition; nature of hearing.

§148-84. Evidence; action by Industrial Commission; payment and amount of compensation.

Chapter 160A. Cities and Towns.

Article 13. Law Enforcement.

§160A-282. Auxiliary law-enforcement personnel; workers’ compensation benefits.

Chapter 166A. North Carolina Emergency Management Act.

Article 1. North Carolina Emergency Management Act of 1977.

§166A-14. Immunity and exemption.


N.C. Industrial Commission ·   4340 Mail Service Center ·   Raleigh, NC 27699-4340
Main Telephone: (919) 807-2500 ·   Fax: (919) 715-0282
NCIC Home Page: http://www.ic.nc.gov/