Tort Claims Rules of the
N.C. Industrial Commission
Effective 1 May 2000
ARTICLE II. CLAIMS PROCEDURES
- No claim shall be accepted for filing with the Industrial Commission
which is not accompanied by an attorneys check, certified check, money order, or
electronic transfer of funds in payment of a filing fee in an
amount equal to the filing fee required for the filing of a civil action in the Superior
Court division of the General Court of Justice.
- The provisions of paragraph (1) above notwithstanding, a claim which is
accompanied by a Petition to Sue as an Indigent shall be accepted for filing upon the date
of its receipt.
- A Petition to Sue as an Indigent shall consist of the following:
- An affidavit sufficient to satisfy the provisions of N.C. Gen. Stat. § 1-110,
stating that plaintiff is unable to comply with subsection (1) of this Rule.
- If the plaintiff is an inmate in the North Carolina Department of Correction, a report
by the Department of Correction stating the balance of plaintiffs prison trust
account, together with an accounting of all credits to and withdrawals from that trust
account during the prior six (6) months.
- The granting or denial of permission to sue as an indigent shall be in the sole
discretion of the Industrial Commission.
- If, in the discretion of the Industrial Commission, it is determined that plaintiff is
able to pay all or any part of the fees assessed under this Rule, an Order shall be issued
directing payment of all or any part of that fee, and the plaintiff shall, within 30 days
from his receipt of the Order, forward to the Industrial Commission an attorneys
check, certified check, money order, or electronic fund transfer for the full amount which
is required to be paid. Failure to submit the required amount of the filing fee within
this time shall result in the claim being dismissed without prejudice.
- Upon consideration of an inmates Petition to Sue as an Indigent, the Industrial
Commission may determine that the inmate's tort claim is frivolous and dismiss the claim
pursuant to N.C. Gen. Stat. § 1-110. Appeals from the dismissal of a claim
pursuant to this statute shall proceed directly to the Full Commission and shall be
decided without oral argument. The Commission shall forward a copy of the file to the
Attorney Generals Office without cost upon plaintiffs notice of appeal to the
Go to Tort
Claims Rules Page
N.C. Industrial Commission ·
4340 Mail Service Center ·
Raleigh, NC 27699-4340
Main Telephone: (919) 807-2500 ·
Fax: (919) 715-0282
NCIC Home Page: http://www.ic.nc.gov/