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David G. Schiller, Attorney at Law

Raleigh Employment Law and Litigation Attorney

  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
    • Discrimination
    • Equal Pay
    • ERISA
    • FMLA
    • Non-competition Agreements
    • REDA
    • Retaliation
    • Retirement Benefits
    • Sexual Harassment
    • Social Security Disability
    • State Employees
    • Unemployment Benefits
    • Unpaid Wages
    • Whistleblower
    • Workers’ Compensation
    • Wrongful Discharge
  • Family Law
    • Absolute Divorce
    • Alimony
    • Family Law Appeals
    • Child Custody
    • Child Support
    • Domestic Violence
    • Mediation
    • Name Changes
    • Post Separation Support
    • Premarital Agreements
    • Property Division
    • Separation Agreements
    • Torts (Alienation of Affections)
  • Litigation
    • Class Actions
    • Deceptive Trade Practices
    • Defective Products
    • False Claims Act
    • Personal Injury
  • Contact
    • Contact Form – Employment
    • Contact Form – State Employees
  • Bio

N.C.G.S. § 97-24. Right to compensation barred after two years; destruction of records.

(a)       The right to compensation under this Article shall be forever barred unless (i) a claim or memorandum of agreement as provided in G.S. 97-82 is filed with the Commission or the employee is paid compensation as provided under this Article within two years after the accident or (ii) a claim or memorandum of agreement as provided in G.S. 97-82 is filed with the Commission within two years after the last payment of medical compensation when no other compensation has been paid and when the employer’s liability has not otherwise been established under this Article. The provisions of this subsection shall not limit the time otherwise allowed for the filing of a claim for compensation for occupational disease in G.S. 97-58, but in no event shall the time for filing a claim for compensation for occupational disease be less than the times provided herein for filing a claim for an injury by accident.

(b)       If any claim for compensation is hereafter made upon the theory that such claim or the injury upon which said claim is based is within the jurisdiction of the Industrial Commission under the provisions of this Article, and if the Commission, or the appellate courts on appeal, shall adjudge that such claim is not within the Article, the claimant, or if he dies, his personal representative, shall have one year after the rendition of a final judgment in the case within which to commence an action at law.

(c)       When all claims and reports required by this Article have been filed, and the cases and records of which they are a part have been closed by proper reports, receipts, awards or orders, these records, may after five years in the discretion of the Commission, with and by the authorization and approval of the Department of Natural and Cultural Resources, be destroyed by burning or otherwise.  (1929, c. 120, s. 24; 1933, c. 449, s. 2; 1945, c. 766; 1955, c. 1026, s. 12; 1973, c. 476, s. 48; c. 1060, s. 1; 1991, c. 703, s. 8; 1993 (Reg. Sess., 1994), c. 679, s. 3.4; 2015-241, s. 14.30(s).)

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The Office

The office is conveniently located in downtown Raleigh across from the Governor’s Mansion, with parking available on the street and in the lot behind the building.

304 East Jones Street
Raleigh, NC 27601

Attorney David G. Schiller is licensed to practice law in North Carolina. Attorney Schiller provides the information on these pages as a public service. Information contained in these pages is not intended as, and should not be taken as, legal advice. The use of the information provided in these pages should not be taken as establishing any contractual or other form of attorney-client relationship between Attorney Schiller and the reader or user of this information. Every case that the firm describes on this website was based on its unique facts. These results do not predict outcome in future cases.

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  • 304 E. Jones St., Raleigh, NC 27601
  • 919-789-4677
  • Employment Law
  • Family Law
  • Litigation
  • Contact
  • Bio