§ 97-94. Employers required to give proof that they have complied with preceding section; penalty for not keeping liability insured; review; liability for compensation; criminal penalties for failure - North Carolina Statutes

§97‑94.  Employers required to give proof that they have complied withpreceding section; penalty for not keeping liability insured; review; liabilityfor compensation; criminal penalties for failure to secure payment ofcompensation.

(a)        Every employer subjectto the compensation provisions of this Article shall file with the Commission,in form prescribed by it, as often as the Commission determines to benecessary, evidence of its compliance with the provisions of G.S. 97‑93and all other provisions relating thereto.

(b)        Any employerrequired to secure the payment of compensation under this Article who refusesor neglects to secure such compensation shall be punished by a penalty of onedollar ($1.00) for each employee, but not less than fifty dollars ($50.00) normore than one hundred dollars ($100.00) for each day of such refusal orneglect, and until the same ceases; and the employer shall be liable duringcontinuance of such refusal or neglect to an employee either for compensationunder this Article or at law at the election of the injured employee.

The penalty herein providedmay be assessed by the Industrial Commission administratively, with the rightto a hearing if requested within 30 days after notice of the assessment of thepenalty and the right of review and appeal as in other cases. Enforcement ofthe penalty shall be made by the Office of the Attorney General. The clearproceeds of penalties provided for in this subsection shall be remitted to theCivil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(c)        Any employerrequired to secure the payment of compensation under this Article who willfullyfails to secure such compensation shall be guilty of a Class H felony. Anyemployer required to secure the payment of compensation under this Article whoneglects to secure the payment of compensation shall be guilty of a Class 1misdemeanor.

(d)        Any person who,with the ability and authority to bring an employer in compliance with G.S. 97‑93,willfully fails to bring the employer in compliance, shall be guilty of a ClassH felony. Any person who, with the ability and authority to bring an employerin compliance with G.S. 97‑93, neglects to bring the employer incompliance, shall be guilty of a Class 1 misdemeanor. Any person who violatesthis subsection may be assessed a civil penalty by the Commission in an amountup to one hundred percent (100%) of the amount of any compensation due theemployer's employees injured during the time the employer failed to comply withG.S. 97‑93.

(e)        Notwithstanding theprovisions of G.S. 97‑101, the Commission may suspend collection or remitall or part of any civil penalty imposed under this section on condition thatthe employer or person pays the compensation due and complies with G.S. 97‑93.(1929, c. 120, s. 68; 1945, c. 766; 1963, c. 499; 1973, c. 1291, s. 13;1985, c. 119, s. 4; 1985 (Reg. Sess., 1986), c. 1027, s. 54; 1987, c. 729, s.17; 1993, c. 539, s. 681; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess.,1994), c. 679, s. 8.1; 1997‑353, s. 2; 1998‑215, s. 115.)