Under North Caroline Law, can a work comp carrier bring an independent action to recover a work comp lien?

Under North Carolina Gen. Statute 97-10.2(b),the employee or his personal representative has the exclusive right to proceed to enforce the liability of a third party by appropriate proceedings if such proceedings are instituted no later than 12 months after the date of death or injury, whichever is later.During the said 12 months and any time thereafter, the employee has the exclusive right to settle with the third-party and give a valid a valid and complete release of all claims to the third party subject to the lien creation provisions of Section 97– 10.2(h).   As to the second part of your question, I do not understand what you're asking. If you are referring to contributory negligence on the part of the employee, it would not bar the workers compensation claim. It could, however potentially prevent a third party claim.