Greensboro Workers' Compensation Death Benefits
When someone you love dies on the job, you’re likely experiencing deep grief and a sense of injustice. On top of that, your family may also be facing economic losses and financial hardship without your loved one’s income.
While nothing can truly make up for your loss, you may be entitled to workman’s comp death benefits to help your family through this challenging time. If you find yourself in this horrible position, you need a compassionate, experienced Greensboro workers’ comp lawyer to fight for the money you deserve.
Call the skilled and caring team at Hardison & Cochran | Injury & Workers Comp Lawyers today for your free consultation. Put your case in our hands and let us do all the work so you can grieve the loss of your loved one.
What Are Workers’ Compensation Death Benefits in North Carolina?
North Carolina workers’ compensation death benefits provide financial support to surviving family members after a worker dies due to a job-related injury or condition.
Here’s what you need to know about workers’ comp death benefits in Greensboro:
- How much do they pay? — Wage loss benefits equal 66 2/3 percent of the worker’s pre-injury average weekly wage. There are state-determined maximum and minimum limits for this payment.
- How long do they last? — These payments last for 500 weeks. If the surviving spouse is unable to support themselves because of a physical or mental disability when the employee dies, compensation continues for life or until the spouse remarries. A dependent child’s compensation continues until they reach 18 years old.
- Are there additional benefits? — North Carolina law also allows for up to $10,000 in burial and funeral expenses.
Who Can File for Death Benefits After a Workplace Fatality in Greensboro?
After losing a loved one due to a work injury, survivors may be owed workers’ comp death benefits in this order:
- Full dependents — People who are wholly dependent on the worker, such as the spouse or minor children, can file a workers’ compensation claim for death benefits. Wholly dependent people share the death benefits equally.
- Partial dependents — If no full dependents exist, anyone who was partially dependent on the worker may be entitled to death benefits. These dependents must share the money in proportion to the amount of support they received from the worker.
- Next of kin — If the employee has no full or partial dependents, their next of kin may qualify for workers’ comp death benefits.
The worker’s spouse and minor children are typically presumed to be wholly dependent. However, other dependents will need to establish their eligibility to file a claim.
How Much Are Workers’ Comp Death Benefits Worth in NC?
The value of death benefits in North Carolina depends entirely on the deceased worker’s average weekly wage. Aside from the burial benefit of up to $10,000, the rest of the benefit is different for each death benefits claim.
For example, wage loss death benefits may be calculated like this:
- Worker’s average weekly wage: $900
- Benefit amount: $900 x 66 2/3 percent = $600
- Benefit duration: $600 x 500 weeks = $300,000
However, these workers’ compensation benefits are subject to a maximum cap set by the state, which adjusts every year for inflation.
It’s also important to note that wage replacement benefits may continue beyond the 500-week limit for certain surviving family members. The total value of the claim could increase significantly for disabled spouses and minor children.
Our dedicated and experienced workers’ compensation attorneys can review your case to determine what death benefits you are entitled to so that you can seek the full financial support you deserve.
How Long Do You Have to File a Death Benefits Claim?
Surviving family members have a limited amount of time to file a death benefits claim. First, the worker’s family, next of kin, or estate should notify the employer of the death in writing within 30 days, even if the employer already knows. They must also file a Form 18 with the North Carolina Industrial Commission within two years of the date of death.
The family of the deceased employee can be eligible for death benefits if the death occurs within six years of the injury or within two years of a final disability determination. If the work-related injury caused the worker’s death within that period, the surviving dependents can claim death benefits.
Whether the death occurred soon after the work injury or later, enlisting a death benefit attorney who is experienced with North Carolina’s workers’ compensation system can help protect your family’s right to seek justice before it’s too late. Our team can also help if your claim is denied — learn more about Greensboro workers’ comp claim denials and appeals.
Why Families Turn to Hardison & Cochran for Help
When you lose a loved one to a work accident, the grief and anger can be overwhelming. That’s when you need a Greensboro workers’ compensation lawyer to handle your claim.
Families in these circumstances call on Hardison & Cochran because we can:
- Answer all your questions and advise you of your options
- Gather information surrounding the accident and the death
- Notify the employer of the death
- Establish your eligibility for benefits
- File a claim for death benefits with the North Carolina Industrial Commission
- Handle all communications with the insurance company
- Negotiate for the full workers’ comp benefits you’re entitled to
- Represent you at hearings before the Industrial Commission if necessary
Contact Hardison & Cochran for a Free Workers’ Comp Consultation in Greensboro
If you’ve lost a loved one in a work accident, call Hardison & Cochran | Injury & Workers Comp Lawyers. We have more than 40 years of experience in workers’ compensation and personal injury claims, and we’ve secured millions of dollars for our clients, including $1.5 million for a North Carolina worker who died on the job. Our clients have been generous in their praise about how we handled their cases, such as former client Rhonda R.:
“What an amazing family! Not only did they represent me they truly showed how much they cared by listening to every word and every concern. And at the end of the day when they felt it wasn’t enough compensation they kept fighting and negotiating and never gave up. No matter what time of the day or day of the week if I had a question I could call. Even if I just needed to talk to someone or vent, there was someone always there and that is why I say what an amazing family. Thank You so much words can’t describe how much I appreciate a company like yours Hardison & Cochran. I would highly recommend this law firm to everyone.”
— Rhonda R.
When you’ve suffered a grievous loss because of a workplace accident, you need lawyers for death benefits who know how to help you demand a sense of justice. Call Hardison & Cochran for your free consultation today. Let us take on all the hard work of pursuing the money you deserve while you take the time you need to grieve your loss.