State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_115C > GS_115C-338

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

(a)        For the purpose of this section, "employee" shallmean any teacher, helping teacher, librarian, principal, supervisor,superintendent of public schools or any full‑time employee, city orcounty, superintendent of public instruction, or any full‑time employeeof Department of Public Instruction, president, dean or teacher, or any full‑timeemployee in any educational institution supported by and under the control ofthe State: Provided, that the term "teacher" shall not include anypart‑time, temporary, or substitute teacher or employee, and shall notinclude those participating in an optional retirement program provided for inG.S. 135‑5.1. In all cases of doubt, the Board of Trustees, as defined inG.S. 135‑1(7), shall determine whether any person is a teacher as hereindefined.

(b)        Any employee who while engaged in the course of hisemployment or in any activities incidental thereto, suffers any injury ordisability resulting from or arising out of any episode of violence by one ormore persons shall be entitled to receive his full salary during the shortestof these periods: one year, the continuation of his disability, or the timeduring which he is unable to engage in his employment because of injury. Anepisode of violence shall be defined to mean but shall not be limited to anyacts of violence directed toward any school building or facility, or to anyemployee or any student by any person including but not limited to another student.These benefits shall be in lieu of all other income or disability benefitspayable under workers' compensation to such employee only during the periodprescribed herein. Thereafter, such teacher shall be paid such income ordisability payments to which he might be entitled under workers' compensation.If the employment of a substitute is necessitated by the disability of theinjured employee the salary of such substitute shall be paid from the samesource of funds from which the employee is paid. This section shall in no waylimit the right of the injured employee to receive the benefits of medical,hospital, drug and related expense payments from any source, including workers'compensation: Provided, further, that this section shall not apply to anyemployee who is injured while he participates in or provokes such episode ofviolence except as is incident to the maintenance or restoration of order orclassroom discipline or to defend himself: Provided, further, that this sectionshall be given liberal construction and interpretation as to any and alldefinitions, conditions, and factual circumstances set forth herein.

(c)        Any employee claiming the benefits of this section shallfile claim with the board of education employing such employee within one yearafter the occurrence giving rise to his alleged injury. That board of educationshall, within 30 days after receipt of such claim,  decide whether and to whatextent that employee is entitled to the benefits of this section and shallforthwith transmit its decision in  writing to such employee. That employeeshall, however, have the right to appeal the decision of that board ofeducation to the North Carolina Industrial Commission by serving that board ofeducation and the North Carolina Industrial Commission with written noticethereof within 30 days after receipt of the board's written decision. Indetermining all appeals under this section the North Carolina IndustrialCommission shall constitute a court for the purpose of hearing de novo and passingupon all claims thereby presented in accordance with procedures utilized by theCommission in determining claims under the Workers' Compensation Act. Thedecision of the Industrial Commission in each instance shall be subject toappeal to the North Carolina Court of Appeals as provided in G.S. 143‑293and 143‑294. (1971, c. 640, ss.1, 2; 1973, c. 753; 1979, c. 714, s. 2; 1981, c. 423, s. 1.)