§ 97-95. Actions against employers failing to effect insurance or qualify as self-insurer. - North Carolina Statutes

§97‑95.  Actions against employers failing to effect insurance or qualifyas self‑insurer.

As to every employer subjectto the provisions of this Article who shall fail or neglect to keep in effect apolicy of insurance against compensation liability arising hereunder with someinsurance carrier as provided in G.S. 97‑93, or who shall fail to qualifyas a self‑insurer as provided in the Article, in addition to otherpenalties provided by this Article, such employer shall be liable in a civilaction which may be instituted by the claimant for all such compensation as maybe awarded by the Industrial Commission in a proceeding properly institutedbefore said Commission, and such action may be brought by the claimant in thecounty of his residence or in any county in which the defendant has anyproperty in this State; and in said civil action, ancillary remedies providedby law in civil actions of attachment, receivership, and other appropriateancillary remedies shall be available to plaintiff therein. Said action may beinstituted before the award shall be made by the Industrial Commission in suchcase for the purpose of preventing the defendant from disposing of or removingfrom the State of North Carolina for the purpose of defeating the payment ofcompensation any property which the defendant may own in this State. In saidaction, after being instituted, the court may, after proper amendment to thepleadings therein, permit the recovery of a judgment against the defendant forthe amount of compensation duly awarded by the North Carolina IndustrialCommission and subject any property seized in said action for payment of thejudgment so awarded. The institution of said action shall in no wise interferewith the jurisdiction of said Industrial Commission in hearing and determiningthe claim for compensation in full accord with the provisions of this Article.Nothing in this section shall be construed to limit or abridge the rights of anemployee as provided in subsection (b) of G.S. 97‑94. (1941,c. 352.)