State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-337

§ 115C‑337. Workers' compensation for school employees.

(a)        Workers' Compensation Act Applicable to School Employees. –The provisions of the Workers' Compensation Act shall be applicable to allschool employees, and the State Board of Education shall make arrangementsnecessary to carry out the provisions of the Workers' Compensation Actapplicable to these employees paid from State school funds. Liability of theState for compensation shall be confined to school employees paid by the Statefrom State school funds for injuries or death caused by accident arising out ofand in the course of their employment in connection with the state‑operatedschool term. The State shall be liable for this compensation on the basis ofthe average weekly wage of the employees as defined in the Workers'Compensation Act, to the extent of the proportionate part of each employee'ssalary that is paid from State funds. The State shall also be liable forworkers' compensation for all school employees employed in connection with theteaching of vocational agriculture, home economics, trades and industries, andother vocational subjects, supported in part by State and federal funds, whichliability shall cover the entire period of service of these employees, to theextent of the proportionate part of each employee's salary that is paid fromState funds. The local school administrative units shall be liable for workers'compensation for school employees, including lunchroom employees, whosesalaries or wages are paid by the local units from local or special funds. Thelocal units may provide insurance to cover this compensation liability and toinclude the cost of this insurance in their annual budgets.

The provisions of this subsection shall not apply to any person, firm,or corporation making voluntary contributions to schools for any purpose, andthe person, firm, or corporation shall not be liable for the payment of any sumof money under this Chapter.

(b)        Payment of Awards to School Bus Drivers Pursuant to theWorkers' Compensation Act. – In the event that the Industrial Commission shallmake an award pursuant to the Workers' Compensation Act against any local boardof education on account of injuries to or the death of a school bus driverarising out of and in the course of his employment as such driver, the localboard of education shall draw a requisition upon the State Board of Educationfor the amount required to pay such award. The State Board of Education shallhonor such requisition to the extent that it shall have in its hands, orsubject to its control, available funds which have been or shall thereafter beappropriated by the General Assembly for the support of the school term. Itshall be the duty of the local board of education to apply all funds receivedby it from the State Board of Education pursuant to such requisition to thepayment of such award. Neither the State nor the State Board of Education shallbe deemed the employer of such school bus driver, nor shall the State or theState Board of Education be liable to any school bus driver or any other personfor the payment of any claim, award, or judgment under the provisions of theWorkers' Compensation Act or of any other law of this State for any injury ordeath arising out of or in the course of the operation by such driver of apublic school bus. Neither the local board of education, the local schooladministrative unit, nor the tax levying authorities for the local schooladministrative unit shall be liable for the payment of any award made pursuantto the provisions of this subsection in excess of the amount paid upon suchrequisition by the State Board of Education, nor shall the local school boardof education, the local school administrative unit, nor the said tax levyingauthorities be required to provide or carry workers' compensation insurance forsuch purpose. (1955, c. 1292; c.1372, art. 18, s. 9; 1979, c. 714, s. 2; 1981, c. 423, s. 1; 1995, c. 324, s.17(b).)