§ 97-29. Compensation rates for total incapacity. - North Carolina Statutes

§ 97‑29.  Compensationrates for total incapacity.

Except as hereinafterotherwise provided, where the incapacity for work resulting from the injury istotal, the employer shall pay or cause to be paid, as hereinafter provided, tothe injured employee during such total disability a weekly compensation equalto sixty‑six and two‑thirds percent (662/3%) of his average weeklywages, but not more than the amount established annually to be effectiveOctober 1 as provided herein, nor less than thirty dollars ($30.00) per week.

In cases of total andpermanent disability, compensation, including medical compensation, shall bepaid for by the employer during the lifetime of the injured employee. If deathresults from the injury then the employer shall pay compensation in accordancewith the provisions of G.S. 97‑38.

The weekly compensationpayment for members of the North Carolina National Guard and the North CarolinaState Defense Militia shall be the maximum amount established annually inaccordance with the last paragraph of this section per week as fixed herein.The weekly compensation payment for deputy sheriffs, or those acting in thecapacity of deputy sheriffs, who serve upon a fee basis, shall be thirtydollars ($30.00) a week as fixed herein.

An officer or member of theState Highway Patrol shall not be awarded any weekly compensation under theprovisions of this section for the first two years of any incapacity resultingfrom an injury by accident arising out of and in the course of the performanceby him of his official duties if, during such incapacity, he continues to be anofficer or member of the State Highway Patrol, but he shall be awarded anyother benefits to which he may be entitled under the provisions of thisArticle.

Notwithstanding any other provisionof this Article,  on July 1 of each year, a maximum weekly benefit amount shallbe computed. The amount of this maximum weekly benefit shall be derived byobtaining the average weekly insured wage in accordance with G.S. 96‑8(22),by multiplying such average weekly insured wage by 1.10, and by rounding suchfigure to its nearest multiple of two dollars ($2.00), and this said maximumweekly benefit shall be applicable to all injuries and claims arising on andafter January 1 following such computation. Such maximum weekly benefit shallapply to all provisions of this Chapter and shall be adjusted July 1 andeffective January 1 of each year as herein provided.  (1929, c. 120, s. 29; 1939,c. 277, s. 1; 1943, c. 502, s. 3; c. 543; c. 672, s. 2; 1945, c. 766; 1947, c.823; 1949, c. 1017; 1951, c. 70, s. 1; 1953, c. 1135, s. 1; c. 1195, s. 2;1955, c. 1026, s. 5; 1957, c. 1217; 1963, c. 604, s. 1; 1967, c. 84, s. 1;1969, c. 143, s. 1; 1971, c. 281, s. 1; c. 321, s. 1; 1973, c. 515, s. 1; c.759, s. 1; c. 1103, s. 1; c. 1308, ss. 1, 2; 1975, c. 284, s. 4; 1979, c. 244;1981, c. 276, s. 2; c. 378, s. 1; c. 421, s. 3; c. 521, s. 2; c. 920, s. 1;1987, c. 729, s. 6; 1991, c. 703, s. 4; 1999‑456, s. 33(d); 2009‑281,s. 1.)