North Carolina Industrial Commission – All You Need to Know

Primarily, the North Carolina Industrial Commission (NCIC) is a regulatory and judicial state agency. The NCIC must balance the interests of employees, employers, and the state of North Carolina – while promoting fairness and workplace safety. The NCIC is based in Raleigh, NC. It is important to understand the basic functions of the NCIC, as it is responsible for enforcing and administering laws related to occupational safety, workers’ comp, and determined labor disputes.

The Role of the North Carolina Industrial Commission (NCIC)

The NCIC is a state agency with several functions, including:

• Administering Workers’ Compensation: The NCIC oversees the workers’ comp system in North Carolina, which provides benefits such as medical care and wage loss replacement to employees involved in workplace accidents. Also, the NCIC adjudicates disputes when claims are contested, which helps ensure fair resolution of issues through formal hearings and appeals.
• Enforcing the Occupational Safety and Health Act of North Carolina (OSHANC): NCIC works to make sure employees have safe workplace conditions, and it collaborates with the Department of Labor at the state level to help investigate accidents and enforce safety regulations/standards.
• Facilitating Dispute Resolution and Mediation: The NCIC helps facilitate dispute resolution and mediation for workers’ comp claims and other disputes that are related to labor. The goal of the NCIC is to resolve issues efficiently and without always requiring formal hearings.
• Handling Claims of State Employees: The NCIC handles tort claims filed against state agencies pursuant to the State Tort Claims Act, such as negligence cases that involve state property or state employees.
• Administering Public Safety Programs: NCIC administers programs like the death benefits programs for law enforcement officers, firefighters, and rescue squad workers, which all provide financial support to families impacted by the death of a family member who was killed during active duty.

The NCIC’s mission is to make sure all parties receive fair and equitable treatment under North Carolina state law. If you need supplemental information, the NCIC website contains helpful information. For example, if you need to file for workers’ compensation benefits, a list of forms can be found for claimants. The physical address of the NCIC is 430 N. Salisbury Street, Raleigh, NC 27603, while their mailing address is 1240 Mail Service Center, Raleigh, NC 27699-1240.

The Jurisdiction of the NCIC

The NCIC has jurisdiction over several areas of employment law and regulations in North Carolina, including:

• Workers’ compensation: The NCIC administered the North Carolina Workers’ Compensation Act. and has jurisdiction over claims concerning occupational diseases, workplace accidents, and death benefits for workers.
• Tort claims filed against the state: If a claim is filed for injuries/damages caused by the negligence of state agencies or its employees (like while operating a state-owned vehicle), the NCIC handles these claims under the North Carolina Tort Claims Act.
• Retaliatory Employment Discrimination: The NCIC enforces the Retaliatory Employment Discrimination Act (REDA). Under REDA, employees are protected from workplace retaliation if they have filed a workers’ comp claim, reported a labor law violation, or raised safety concerns.
• OSHA: NCIC has jurisdiction over appeals and cases arising from penalties or citations issued pursuant to the Occupational Safety and Health Act of North Carolina.

Generally, the NCIC can operate as an administrative court to conduct hearings, issue binding decisions, and mediate disputes. Any decisions reached by the NCIC (including workers’ comp determinations) can be appealed to the North Carolina Court of Appeals.

FAQs

Q: Do I Need a Lawyer to Represent Me at an NCIC hearing?

A: While technically you can represent yourself, it is recommended that you have legal representation at any NCIC hearing. If you are appealing a workers’ comp claim decision, an attorney can help significantly improve your likelihood of success with your appeal.

An attorney can help navigate the complex NCIC hearing process, prepare you for the hearing itself, and advocate for your legal rights. A skilled attorney can help present your case effectively and in a compelling manner.

Q: How Do I Contact the NCIC if I Need Help?

A: If you need help with enforcing/administering occupational safety laws, a workers’ comp claim, or certain labor disputes, you can contact the NCIC by going online to get general information.

Also, you can call the NCIC Help Line at (800) 688-8349 or locally at (919) 807-2501. Plus, you can email NCIC via [email protected] at any time. A local attorney familiar with NCIC matters can help you contact the NCIC as well.

Q: What Are My Company’s Obligations Under NCIC Rules/Regulations?

A: In North Carolina, if your company has at least three employees, they are required by law to obtain workers’ compensation insurance or to qualify as a self-insured employer. Then, they must report any accidents or illnesses sustained as part of workplace duties to the NCIC. There are a few exceptions to this general rule, and if you need help discussing your employer’s obligations as an NC employee, consider consulting an experienced attorney.

Q: What Should I Do If My NC Company Isn’t Following Safety Standards Under OSHA?

A: If you believe your company is not following safety standards pursuant to OSHA, you can file a confidential complaint by calling 1-800-321-OSHA (6742), visiting your local North Carolina OSHA office, or submitting a complaint online. This confidential report typically results in a workplace inspection. Employers have a duty to keep workers safe. Workplace safety standards exist to ensure employers obey their legal duty.

Contact Ayers, Whitlow & Dressler About the NCIC and How We Can Help

If you have other questions about the NCIC and how it works to help North Carolina employees, feel free to contact our office for reliable legal guidance.

We are in Charlotte, close to the central business district (Uptown) and Midtown. We have direct access to I-277, making our location easy to get to by car. We are also near mass transit options like the LYNX Blue Line and Charlotte Area Transit System.

Contact the team at Ayers, Whitlow & Dressler to schedule a client consultation today.