GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1999

S	2

SENATE BILL 992
Judiciary II Committee Substitute Adopted 4/22/99

Short Title:  Workers' Comp. for Prisoners.	(Public)
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Sponsors:
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Referred to:  
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April 15, 1999

A BILL TO BE ENTITLED
AN ACT TO ALLOW PRISONERS WHO SUFFER DEATH OR TOTAL AND PERMANENT DISABILITY TO RECEIVE COMPENSATION UNDER THE WORKERS' COMPENSATION ACT BASED ON THE MINIMUM WAGE.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 97-13(c) reads as rewritten:
"§ 97‑13. Exceptions from provisions of Article.
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(c) Prisoners. ‑‑ This Article shall not apply to prisoners being worked by the State or any subdivision thereof, except to the following extent: Whenever any prisoner assigned to the State Department of Correction suffers accidental injury arising out of and in the course of the employment to which he had been assigned that results in death or permanent disability as defined in this Article, then the dependents or next of kin of the deceased prisoner shall be entitled to compensation under G.S. 97-38 and the injured prisoner who is permanently disabled  shall be entitled to compensation under G.S. 97-29. For purposes of calculating compensation under G.S. 97-29 and G.S. 97-38, the average weekly wage shall be based on an hourly wage equal to the minimum wage under G.S. 95-25.3.Any awards made under the terms of this subsection shall be paid by the State Department of Correction from the funds available for the operation of the Department of Correction. The provisions of G.S. 97‑10.1 and G.S.97‑10.2 shall apply to prisoners entitled to compensation under this subsection and to the State in the same manner as these sections apply to employees and employers."
Section 2.  This act is effective when it becomes law and applies to awards for compensation entered on or after that date.