North Carolina Workers’ Comp Death Benefits

Workers’ compensation is insurance coverage that most North Carolina employers are required to provide for their employees. If a worker gets hurt on the job, they don’t have to prove that someone else was at fault to get their medical expenses and lost wages covered. But what happens when someone dies because of their job?

Unlike other workers’ comp benefits, death benefits include compensation for surviving family members when an employee dies from work-related injuries. While nobody should have to seek compensation for the death of their loved one at the workplace, fatal accidents unfortunately do happen. And while nothing can make up for the loss of a loved one, workers’ comp death benefits can provide some financial assistance during an incredibly challenging time.

If your loved one passed away due to injuries sustained on the job, contact Hardison & Cochran | Injury & Workers Comp Lawyers for a free consultation with an experienced workers’ compensation lawyer. We’ll explain your rights and eligibility for workers’ comp death benefits.

When Is a Death Covered by North Carolina Workers’ Comp?

A death is covered by North Carolina workers’ compensation when it occurs in the course and scope of employment. This means the death must have happened while the worker was at work or performing their work duties.

Examples of causes of workplace deaths that may qualify for death benefits include:

• Falls from heights on construction sites
• Crushing injuries caused by limbs being caught in heavy machinery
• Car crashes when making deliveries

Notably, for the family to be eligible for death benefits, the worker’s death does not have to happen at their place of work as long as the injury that led to their death occurred while they were performing their job duties. For example, a worker who sustains traumatic injuries in a workplace accident and succumbs to those injuries a month later would still qualify for death benefits.

Complex Cases: Deaths from Occupational Disease in Raleigh

Not all workplace deaths result from traumatic injuries. Sometimes, they result from occupational diseases, such as:

• Mesothelioma caused by asbestos exposure
• Silicosis due to breathing in workplace silica dust
• Chronic obstructive pulmonary disease (COPD) from exposure to harmful substances
• Respiratory illness from chemical exposure

To qualify for workers’ comp death benefits, a fatal occupational disease must be due to causes and conditions that are characteristic of the worker’s particular trade, occupation, or employment. It also cannot be an ordinary disease that the general public is equally exposed to outside of employment.

Cases involving occupational disease are generally more complex than those involving traumatic injuries. This is because these diseases tend to take years or decades to show symptoms, and there may not be much physical evidence linking your loved one’s condition to their work.

However, an experienced workers’ comp lawyer can help you seek the compensation you need. A lawyer can gather your loved one’s work and medical records and consult industry experts and medical professionals to establish a link between their job and their illness.

Who Is Eligible to Receive Death Benefits in NC?

Under North Carolina law, someone who fully depends financially on the deceased worker is eligible to receive workers’ comp death benefits. If the deceased employee has no full dependents, any partial dependents can split the benefits based on how much financial support they were receiving from the worker. When the deceased worker has no dependents, their next of kin may qualify.

People who typically count as dependents include the deceased worker’s:

• Spouse
• Minor children
• Adult children with disabilities
• Parents or siblings who financially depend on them

To seek death benefits through a workers’ comp claim, you must establish your eligibility. Spouses and minor children are presumed to be dependent. However, other dependents may need to provide evidence, including work and residence records.

What Financial Support Is Available for Families?

Workers’ compensation death benefits usually involve two types of compensation for surviving families:

Wage Loss Benefits

Qualifying survivors could receive wage loss compensation equal to two-thirds of their lost loved one’s average weekly wage, up to a maximum set by the state annually.

These wage loss benefits last for 500 weeks. However, a surviving spouse who cannot support themselves due to a physical or mental disability they had at the time of the worker’s passing can receive benefits indefinitely or until they remarry. The deceased workers’ minor children can receive benefits until they turn 18.

Funeral and Burial Expenses

Funeral and burial compensation covers related expenses up to $10,000.

How an Experienced Raleigh Workers’ Comp Attorney Can Help Your Family

An experienced Raleigh workers’ compensation attorney can help your family with your case by handling every aspect of it, from start to finish. In particular, your attorney can:

• Determine eligibility – The first step of any workers’ comp death benefits claim is determining your eligibility. This includes establishing that your loved one’s death is covered by workers’ comp and that you are a dependent or eligible next of kin.
• Gather evidence – A death benefits claim is only as strong as the evidence your lawyer has to back it up. This evidence may include accident scene photographs, workplace incident reports, eyewitness statements, surveillance camera footage, expert testimony, and medical records.
• File and manage your claim – Your lawyer will handle filing your claim and dealing with your loved one’s employer and their workers’ compensation insurer. This includes negotiating with the insurer for a fair settlement.
• Appeal claim denials – If the insurer denies your workman’s comp death benefits claim, your lawyer can appeal the claim and provide additional evidence. If the claim is still denied, your lawyer may need to take legal action.

Contact Hardison & Cochran for Compassionate Guidance

At Hardison & Cochran | Injury & Workers Comp Lawyers, we understand that this is a devastating time for you. You deserve legal representation to pursue the money you are owed with the compassion and care you deserve.

Our team has over 40 years of experience helping family members seek compensation for the loss of their loved ones in workplace accidents. Although each case is different and past results cannot guarantee future outcomes, our track record includes numerous successful cases, including one in which we secured $1.5 million for the family of a worker who was killed when the hole he was working in collapsed on him.

To learn more about what it’s like to work with a committed and hardworking legal team, we encourage you to check out our client testimonials.

Contact our firm for a free consultation about your workman’s comp death benefits claim. We’ll walk you through what to expect from your claim and answer your questions about workers’ compensation.