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Asheville Death Benefits Workers Comp Lawyer
Asheville Death Benefits Workers Comp Attorneys
Dealing with the fallout of a workplace accident that claims the life of a loved one is never an easy feat. You may feel isolated and confused about everything that has happened. With the help of an Asheville death benefits workers’ compensation lawyer, you may be able to recoup some portion of your loved one’s salary through their workers’ comp benefits package. North Carolina’s workers’ comp laws heavily favor the employee and their family, especially in the event of a death.
Death Benefits in North Carolina
In a tragic workplace accident situation, death benefits are a way for a financially dependent family to continue to receive a portion of their loved one’s salary if it is determined that they qualify for those benefits. An Asheville workers’ compensation lawyer can help you determine if you qualify under the state’s Workers’ Compensation Act, which provides the option for certain families to receive death benefits.
In order to qualify for these benefits, your loved one’s work-related death must meet two specific criteria, which are:
- The death of your loved one must have happened within six years of the initial work injury that caused the disability that was covered by their workers’ comp insurance benefits.
- The death of your loved one must have happened within two years of the “final determination of disability,” which was covered by their workers’ comp insurance benefits.
North Carolina state law determines that a loved one’s death benefits package may continue for up to 500 weeks unless certain situations arise, such as:
- The deceased employee’s child who has been receiving death benefits reaches 18 years old, at which point they are no longer eligible to receive said benefits.
- The deceased employee’s spouse, who has been receiving the death benefits, is considered legally disabled, either mentally or physically, at the time of receiving benefits. The benefits will then continue until the spouse remarries or dies.
Who Is Eligible to Receive a Death Benefits Package?
It is not an easy task to determine who exactly is eligible to receive death benefits in the wake of a loved one’s sudden and tragic death. You may want to reach out and consult with experienced death benefits workers’ comp lawyers who can inform you of your options and the most effective way to pursue such compensation claim. They can also show you how these benefits will be calculated and how the employer’s insurance will determine who to provide these benefits to.
Generally, the death benefits package of a deceased loved one is paid out on a weekly basis and amounts to two-thirds of the deceased employee’s average weekly wages. Additionally, a burial expense amount of $10,000 may also be included in the death benefits package.
When it comes to who receives the death benefits package, primary consideration is the people who are completely financially dependent on the deceased employee and their income. Without that income, they may be unable to financially provide for themselves or their family. These parties, who are typically the loved one’s surviving spouse and their children, will likely share the death benefits package equally among themselves.
If there are no total dependents, then partial dependents will be considered. If there are no partial dependents, the next of kin may be awarded the lump sum. If there is no next of kin, only the burial expenses will be paid out.
FAQs
Q: What Kind of Death Benefits Are Available in North Carolina?
A: North Carolina allows some qualifying surviving family members to recoup death benefits of two possible types. One is wage replacement benefits, which cover two-thirds of the deceased employee’s weekly income for up to 500 weeks or until the surviving spouse remarries. If the beneficiary is a minor, the benefits will continue until they reach 18 years of age. The other is funeral expenses, which can be awarded in an amount of up to $10,000.
Q: What Is the Highest Workers’ Comp Death Benefits Settlement in North Carolina?
A: There is no telling what the highest workers’ comp death benefits settlement in North Carolina is. Every workers’ comp death benefits case is different and has different circumstances connected to it that are unique to each individual case. In order to determine a workers’ comp settlement, certain factors have to be taken into consideration, including whether the proper paperwork was filed, how financially dependent the family is, and whether or not you qualify.
Q: How Can a Death Benefits Workers’ Comp Attorney Help Me?
A: A death benefits workers’ comp attorney understands all of the complex laws regarding a death benefits workers’ compensation claim. They can file all the necessary paperwork for you while you focus on healing after the loss of your family member. Your attorney will ensure you are treated fairly and are offered the full compensation that you are due.
Q: Do Death Benefits in a Workers’ Comp Claim Pay for a Funeral in North Carolina?
A: Yes, workers’ comp death benefits in Asheville, North Carolina can pay for funeral and burial costs. Your family can be compensated up to $10,000 for burial costs under North Carolina’s Workers’ Compensation Act. Be sure to keep clear documentation of all costs associated with the burial and funeral of your loved one.
Reach Out to a Death Benefits Workers’ Comp Lawyer Today
No amount of money will compensate for the death of the loved one that you have lost. However, pursuing death benefits can help you achieve some financial stability, even if it may only be temporary. The legal team at Bridgman Gantt Law Offices understands the kind of help you need in this trying time and is prepared to help you throughout this process.
We can help you find out if you qualify for death benefits, ensure you don’t miss any paperwork deadlines, and provide you with compassionate assistance from an experienced legal team that has helped many families in similar situations. Contact us to schedule a consultation, and we can discuss the details of your death benefits worker’s comp claim.
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