§ 97‑92. Employer'srecord and report of accidents; records of Commission not open to public;supplementary report upon termination of disability; penalty for refusal tomake report; when insurance carrier liable.
(a) Every employershall hereafter keep a record of all injuries, fatal or otherwise, received byhis employees in the course of their employment on blanks approved by theCommission. Within five days after the occurrence and knowledge thereof asprovided in G.S. 97‑22 of an injury to an employee, causing his absencefrom work for more than one day or charges for medical compensation exceedingthe amount set by the Commission, a report thereof shall be made in writing andmailed or transmitted to the Commission in the form approved by the Commissionfor this purpose.
(b) The records of theCommission that are not awards under G.S. 97‑84 and that are not reviewsof awards under G.S. 97‑85, insofar as they refer to accidents, injuries,and settlements are not public records under G.S. 132‑1 and shall not beopen to the public, but only to the parties satisfying the Commission of theirinterest in such records and the right to inspect them, and to State andfederal agencies pursuant to G.S. 97‑81.
(c) Upon thetermination of the disability of the injured employee, or if the disabilityextends beyond a period of 60 days, then, also, at the expiration of suchperiod the employer shall make a supplementary report to the Commission onblanks to be procured from the Commission for the purpose.
(d) The said reportshall contain the name, nature, and location of the business of the employerand name, age, sex, and wages and occupation of the injured employee, and shallstate the date and hour of the accident causing injury, the nature and cause ofthe injury, and such other information as may be required by the Commission.
(e) Any employer whorefuses or neglects to make the report required by this section shall be liablefor a penalty of not less than five dollars ($5.00) and not more than twenty‑fivedollars ($25.00) for each refusal or neglect. The fine herein provided may beassessed by the Commission in an open hearing, with the right of review andappeal as in other cases. In the event the employer has transmitted the reportto the insurance carrier for transmission by such insurance carrier to theIndustrial Commission, the insurance carrier willfully neglecting or failing totransmit the report shall be liable for the said penalty.
(f) Any bill, report,application, and document of every nature and kind, which is required orpermitted by Commission rules to be transmitted to the Commission by electronicmedia or is recorded among the Commission records on computer disk, opticaldisk, microfilm, or similar media and which is produced or reproduced in writtenform in the normal course of business or is certified as a true and accuratecopy of the data recorded at the Commission in the normal course of itsbusiness shall be treated as a signed original in all uses before theCommission and as a duplicate within the meaning of Rule 1003 of the NorthCarolina Rules of Evidence. (1929, c. 120, s. 66; 1945, c. 766; 1991, c. 703, s.9; 1991 (Reg. Sess., 1992), c. 894, s. 3; 1993 (Reg. Sess., 1994), c. 679, s.10.8; 2001‑216, s. 3; 2001‑487, s. 102(b).)
§ 97‑92. Employer'srecord and report of accidents; records of Commission not open to public;supplementary report upon termination of disability; penalty for refusal tomake report; when insurance carrier liable.
(a) Every employershall hereafter keep a record of all injuries, fatal or otherwise, received byhis employees in the course of their employment on blanks approved by theCommission. Within five days after the occurrence and knowledge thereof asprovided in G.S. 97‑22 of an injury to an employee, causing his absencefrom work for more than one day or charges for medical compensation exceedingthe amount set by the Commission, a report thereof shall be made in writing andmailed or transmitted to the Commission in the form approved by the Commissionfor this purpose.
(b) The records of theCommission that are not awards under G.S. 97‑84 and that are not reviewsof awards under G.S. 97‑85, insofar as they refer to accidents, injuries,and settlements are not public records under G.S. 132‑1 and shall not beopen to the public, but only to the parties satisfying the Commission of theirinterest in such records and the right to inspect them, and to State andfederal agencies pursuant to G.S. 97‑81.
(c) Upon thetermination of the disability of the injured employee, or if the disabilityextends beyond a period of 60 days, then, also, at the expiration of suchperiod the employer shall make a supplementary report to the Commission onblanks to be procured from the Commission for the purpose.
(d) The said reportshall contain the name, nature, and location of the business of the employerand name, age, sex, and wages and occupation of the injured employee, and shallstate the date and hour of the accident causing injury, the nature and cause ofthe injury, and such other information as may be required by the Commission.
(e) Any employer whorefuses or neglects to make the report required by this section shall be liablefor a penalty of not less than five dollars ($5.00) and not more than twenty‑fivedollars ($25.00) for each refusal or neglect. The fine herein provided may beassessed by the Commission in an open hearing, with the right of review andappeal as in other cases. In the event the employer has transmitted the reportto the insurance carrier for transmission by such insurance carrier to theIndustrial Commission, the insurance carrier willfully neglecting or failing totransmit the report shall be liable for the said penalty.
(f) Any bill, report,application, and document of every nature and kind, which is required orpermitted by Commission rules to be transmitted to the Commission by electronicmedia or is recorded among the Commission records on computer disk, opticaldisk, microfilm, or similar media and which is produced or reproduced in writtenform in the normal course of business or is certified as a true and accuratecopy of the data recorded at the Commission in the normal course of itsbusiness shall be treated as a signed original in all uses before theCommission and as a duplicate within the meaning of Rule 1003 of the NorthCarolina Rules of Evidence. (1929, c. 120, s. 66; 1945, c. 766; 1991, c. 703, s.9; 1991 (Reg. Sess., 1992), c. 894, s. 3; 1993 (Reg. Sess., 1994), c. 679, s.10.8; 2001‑216, s. 3; 2001‑487, s. 102(b).)
§ 97‑92. Employer'srecord and report of accidents; records of Commission not open to public;supplementary report upon termination of disability; penalty for refusal tomake report; when insurance carrier liable.
(a) Every employershall hereafter keep a record of all injuries, fatal or otherwise, received byhis employees in the course of their employment on blanks approved by theCommission. Within five days after the occurrence and knowledge thereof asprovided in G.S. 97‑22 of an injury to an employee, causing his absencefrom work for more than one day or charges for medical compensation exceedingthe amount set by the Commission, a report thereof shall be made in writing andmailed or transmitted to the Commission in the form approved by the Commissionfor this purpose.
(b) The records of theCommission that are not awards under G.S. 97‑84 and that are not reviewsof awards under G.S. 97‑85, insofar as they refer to accidents, injuries,and settlements are not public records under G.S. 132‑1 and shall not beopen to the public, but only to the parties satisfying the Commission of theirinterest in such records and the right to inspect them, and to State andfederal agencies pursuant to G.S. 97‑81.
(c) Upon thetermination of the disability of the injured employee, or if the disabilityextends beyond a period of 60 days, then, also, at the expiration of suchperiod the employer shall make a supplementary report to the Commission onblanks to be procured from the Commission for the purpose.
(d) The said reportshall contain the name, nature, and location of the business of the employerand name, age, sex, and wages and occupation of the injured employee, and shallstate the date and hour of the accident causing injury, the nature and cause ofthe injury, and such other information as may be required by the Commission.
(e) Any employer whorefuses or neglects to make the report required by this section shall be liablefor a penalty of not less than five dollars ($5.00) and not more than twenty‑fivedollars ($25.00) for each refusal or neglect. The fine herein provided may beassessed by the Commission in an open hearing, with the right of review andappeal as in other cases. In the event the employer has transmitted the reportto the insurance carrier for transmission by such insurance carrier to theIndustrial Commission, the insurance carrier willfully neglecting or failing totransmit the report shall be liable for the said penalty.
(f) Any bill, report,application, and document of every nature and kind, which is required orpermitted by Commission rules to be transmitted to the Commission by electronicmedia or is recorded among the Commission records on computer disk, opticaldisk, microfilm, or similar media and which is produced or reproduced in writtenform in the normal course of business or is certified as a true and accuratecopy of the data recorded at the Commission in the normal course of itsbusiness shall be treated as a signed original in all uses before theCommission and as a duplicate within the meaning of Rule 1003 of the NorthCarolina Rules of Evidence. (1929, c. 120, s. 66; 1945, c. 766; 1991, c. 703, s.9; 1991 (Reg. Sess., 1992), c. 894, s. 3; 1993 (Reg. Sess., 1994), c. 679, s.10.8; 2001‑216, s. 3; 2001‑487, s. 102(b).)
