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North Carolina Workers' Compensation Legal Library
North Carolina Home Page
North Carolina Regulations
97-1. Short title.
97-1.1. References to workmen's compensation.
97-3. Presumption that all employers and employees have come under provisions of Article.
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97-6.1: Repealed by 1991 (Regular Session, 1992), c. 1021, s. 4.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.
97-10.1. 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.
97-13. Exceptions from provisions of Article.
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.
97-25.4. 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, prescribed over-the-counter drugs, and professional pharmaceutical services.
97-27. Medical examination; facts not privileged; refusal to be examined suspends compensation; 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. [Note: Effective January 1, 1997, contingent on approval of constitutional amendments.] 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.
97-39. 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.
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.
97-40.1. Second Injury Fund.
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. 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.
97-61: Rewritten as 97-61.1 through 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.
97-74. Expense of hearings taxed as costs in compensation cases; fees collected directed to general fund.
97-77. North Carolina Industrial Commission created; members appointed by Governor; terms of office; chairman.
97-77.1. [Note: Expires July 1, 1997.] Advisory council.
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.
97-81. 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.
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. [Note: Effective October 1, 1996.] 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.
97-90.1. Insurers that provide employee's health benefit plans, disability income plans, or any other health insurance plans.
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.
97-91. Commission to determine all questions.
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.
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.
97-94. 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.
97-95. Actions against employers failing to effect insurance or qualify as self-insurer.
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.
97-102 through §97-104.6. [Repealed.]
97-105 through §97-122. [Repealed.]
97-123 through §97-129. [Reserved.]
97-132. Board of directors.
97-133. Powers and duties of the Association.
97-134. Plan of Operation.
97-136. Powers and duties of the Commissioner.
97-137. Examination of the Association.
97-138. Tax exemption.
97-140. Nonduplication of recovery.
97-141. Stay of proceedings.
97-142. Disposition of assets upon dissolution.
97-143. Use of deposits made by insolvent member self-insurers.
97-170. License applications; required information.
97-177. License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements.
97-180. Reporting and records.
97-185. Deposits; surety bonds; letters of credit.
97-190. Excess insurance.
97-195. Revocation, suspension or restriction of license.
97-196. Civil penalties or restitution for violations; administrative procedure.
97-200. Claims administration.
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