North Carolina Statutes

Chapter 97 Workers' Compensation Act

Article 1 - Workers' Compensation Act.

Article 2 - Compensation Rating and Inspection Bureau.

Article 3 - Security Funds.

Article 4 - North Carolina Self-Insurance Security Association.

  • § 97-130   Definitions
    As used in this Article: (1) "Association" means the North Carolina Self‑Insurance Security Association established by G.S. 97‑131. (1a) "Association Aggregate Security System" means the...
  • § 97-131   Creation
    (a) There is created a nonprofit unincorporated legal entity to be known as the North Carolina Self‑Insurance Security Association. The Association is to provide mechanisms...
  • § 97-132   Board of directors
    The Board shall consist of not less than nine directors serving terms as established in the Plan. The directors shall be selected by the members...
  • § 97-133   Powers and duties of the Association
    (a) The Association shall: (1) Repealed by Session Laws 1999‑219, s. 7.2, effective June 25, 1999. (1a) Administer a fund, to be known as the...
  • § 97-134   Plan of Operation
    The Plan is as follows: (1) The Association shall submit to the Commissioner a Plan and any amendments necessary or suitable to assure the fair,...
  • § 97-135   Insolvency
    A member self‑insurer shall be insolvent for the purposes of this Article under any of the following circumstances: (1) Determination of insolvency by a court...
  • § 97-136   Powers and duties of the Commissioner
    (a) The Commissioner shall: (1) Notify the Association of the existence of an insolvent member self‑insurer not later than 30 days after he receives notice...
  • § 97-137   Examination of the Association
    The Association shall be subject to examination and regulation by the Commissioner. The Board shall submit, not later than March 30 of each year, a...
  • § 97-138   Tax exemption
    The Association shall be exempt from payment of all fees and all taxes levied by this State or any of its political subdivisions, except taxes...
  • § 97-139   Immunity
    There shall be no liability on the part of and no cause of action of any nature may arise against any member self‑insurer, the Association,...
  • § 97-140   Nonduplication of recovery
    Any person having a covered claim that may be recovered under more than one insurance or self‑insurance guaranty or security association or its equivalent shall...
  • § 97-141   Stay of proceedings
    All claims or proceedings under this Chapter to which the insolvent member self‑insurer is a party either before the Industrial Commission or a court in...
  • § 97-142   Disposition of assets upon dissolution
    In the event of dissolution of the Association, all assets remaining after provision for satisfaction of all outstanding claims shall be distributed to the State...
  • § 97-143   Use of deposits made by insolvent member self-insurers
    After the Commissioner has notified the Association, under G.S. 97‑136(a), that a member is insolvent, the Commissioner shall assign and deliver to the Association, and...
  • § 97-144 through 97-164   Reserved for future codification purposes

Article 5 - Individual Employers.

  • § 97-165   Definitions
    As used in this Article: (1) "Act" means the Workers' Compensation Act established in Article 1 of this Chapter. (1a) "Affiliate of" or "person affiliated...
  • § 97-170   License applications; required information
    (a) No employer shall self‑insure its workers' compensation liabilities under the Act unless it is licensed by the Commissioner under this Article. This subsection does...
  • § 97-175   License
    (a) After the review of the application and all supporting materials, the Commissioner shall either grant or deny a license. If a license is denied,...
  • § 97-177   License covering applicant and any subsidiary or applicant relying on a guarantor; procedure; requirements
    (a) The Commissioner may, in the Commissioner's discretion, upon request by an applicant, issue a license to an applicant or to an applicant and one...
  • § 97-180   Reporting and records
    (a) Every self‑insurer shall submit, within 120 days after the end of its fiscal year, a certified audited GAAP financial statement, prepared by a CPA,...
  • § 97-185   Deposits; surety bonds; letters of credit
    (a) Repealed by Session Laws 2005‑400, s. 13, effective January 1, 2006. (a1) All individual self‑insurers as defined in G.S. 97‑130(5b) shall participate in the...
  • § 97-190   Excess insurance
    (a) Every self‑insurer, as a prerequisite for licensure under this Article, shall maintain specific and aggregate excess loss coverage through an insurance policy. A self‑insurer...
  • § 97-195   Revocation, suspension or restriction of license
    (a) Repealed by Session Laws 2005‑400, s. 15, effective January 1, 2006. (a1) The Commissioner may, upon at least 45 days notice and opportunity for...
  • § 97-196   Civil penalties or restitution for violations; administrative procedure
    (a) Whenever the Commissioner has reason to believe that a self‑insurer has violated any of the provisions of this Article, and the violation subjects the...
  • § 97-200   Claims administration
    (a) A self‑insurer shall not utilize any claims adjuster unless the adjuster is licensed under G.S. 58‑33‑25. (b) Every self‑insurer shall comply with the provisions...