What is Form EC100 of the North Carolina Industrial Commission?

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Form EC 100 of the North Carolina industrial commission is a form requesting compensation to persons erroneously convicted of felonies. Normally, the North Carolina Industrial Commission has jurisdiction regarding workers who are injured on the job.  However, in 1997 the North Carolina General Assembly charged the North Carolina Industrial Commission with the administration of compensation or persons erroneously convicted of felonies and who were incarnated based upon the erroneous conviction.

If a person was incarcerated and placed in jail, and later it was determined that person was wrongfully incarcerated and was not guilty of the crime (felony) charged against them, they have the right to ask the State to compensate them for the time served in prison or jail. This is pursuant to North Carolina General Statute § 148-82.

Under Form EC 100, the person erroneously convicted of a felony must petition the North Carolina Industrial Commission for compensation for the time served in jail or prison for the felony. The petitioner must also state the grounds for their claim of compensation. In other words, why should they be compensated for their time in prison for a crime they did not commit? The petitioner must also attach a certified copy of the Judgment of Convictions which resulted in the prison or jail time and a copy of a Pardon of Innocence signed by the Governor of North Carolina.

Upon completion of Form EC 100, the petitioner should then mail one original and two copies of Form EC 100 to the North Carolina Industrial Commission. The North Carolina Industrial Commission will then determine if the petitioner is entitled to compensation. You can contact a workers’ compensation attorney and they will usually be able to assist you in this process as well.