State of North Carolina - Raleigh, NC
posted 20 days ago
The North Carolina Industrial Commission is vested as a court of exclusive and original jurisdiction by the General Assembly to adjudicate and administer the North Carolina Workers' Compensation Act. The Industrial Commission processes over 65,000 workers' compensation injury reports and claims filed annually under the Act. This responsibility includes overseeing and providing for the trial of contested cases as well as administering non-contested cases. Workers who are injured by accident on the job or who contract an occupational disease receive disability and medical benefits as ordered by the Industrial Commission. The Industrial Commission is also a court of original jurisdiction for litigating tort claims against the State under the North Carolina State Tort Claims Act. Additionally, the General Assembly has mandated the Industrial Commission to provide an adjudicated process for Childhood Vaccine-Related Injury claims, Compensation to Persons Erroneously Convicted of Felonies, and Eugenics claims. It acts as a court of exclusive and final jurisdiction for death claims made by families of law enforcement officers, fire fighters, rescue squad workers and civil air patrol members arising under the Public Safety Employees' Death Benefits Act. Each of these adjudicatory systems requires administration of contested and uncontested claims, review of agreements, and supervision of payment of benefits. The NCIC Compliance Division works with businesses operating in North Carolina to ensure compliance with the insurance requirements of the Workers' Compensation Act and to enforce the rules of the North Carolina Industrial Commission. The Compliance Division handles civil cases involving employers who are operating as non-insured employers in violation of N.C. Gen. Stat. § 97-93 and N.C. Gen. Stat. § 97-94. An employer is considered non-insured if the employer has the requisite number of employees pursuant to N.C. Gen. Stat. § 97-2 but does not carry workers' compensation insurance or obtain certification from the Commissioner of Insurance as a self-insured employer. The NCIC Compliance Division investigates referrals to determine whether an employer is compliant with the Workers' Compensation Act. If the investigation establishes the employer is subject to the Workers' Compensation Act, an administrative penalty can be assessed for a period that the employer was not insured and was subject to the Act. The Compliance Division also assists the North Carolina Department of Justice with the enforcement and collection of penalty assessments and facilitates adjudication of contested penalty cases and settlements.
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