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Charlotte Death Benefits Workers Comp Lawyer
Charlotte Death Benefits Workers Comp Attorneys
In the event that a workplace injury results in the unfortunate death of a loved one, certain family members may be able to receive death benefits from the deceased’s company in the form of their workers’ compensation benefits package. North Carolina’s workers’ comp laws include the opportunity for the victim’s family to receive death benefits. To learn more about this possibility, reach out to a Charlotte death benefits workers’ comp lawyer.
What Are Death Benefits in North Carolina?
Death benefits are an additional form of workers’ compensation benefits that the family of a deceased worker can possibly qualify for. If your family qualifies for death benefits, which you can find out by speaking with a Charlotte workers’ compensation lawyer, you may be able to receive compensation for your loved one’s recent death and the financial hardship they may have left behind.
In the event of a loved one’s death, particularly if that loved one was the breadwinner of the family, your family may be reeling not only from a personal and tragic loss but also from a financial loss that may seriously impact your family’s future. The North Carolina Workers’ Compensation Act provides potential death benefits to those who qualify. In order to qualify, the work-related death in question must meet two specific criteria:
- The death must have happened within two years of the final determination of the worker’s disability that is covered under their workers’ comp.
- The death must have happened within six years of the actual injury that caused the disability that was covered under their workers’ comp.
Under North Carolina statutes, death benefits provided through workers’ comp insurance may continue for up to 500 weeks unless:
- The deceased’s spouse who is receiving the death benefits is mentally or physically disabled at the time of receiving those benefits and is unable to support themselves. In this case, the death benefits will likely continue until the spouse dies or remarries.
- The deceased’s child who is receiving the death benefits reaches 18 years of age, at which point the full benefits will stop.
Who Can Receive a Death Benefits Package?
Deciding who is eligible to receive a death benefits package as part of a deceased employee’s workers’ comp is not an easy task. Experienced death benefits workers’ comp lawyers can help you figure out how this may be calculated and how it will be determined who should receive what and how much they should receive.
Typically, a deceased loved one’s death benefits package is paid weekly and will amount to around two-thirds of the deceased’s average weekly wage. In addition, burial expenses may be included in the benefits package with a cap of $10,000.
Generally, the ones receiving the death benefits package are those who are totally financially dependent on the deceased employee’s income. Those people will likely share the death benefits equally. If that person numbers only one, then they will take the total death benefits package. This would likely be a widow, a widower, and any children the deceased had.
If the deceased has nobody who is completely financially dependent on them, then anyone who is at least partially dependent on them is entitled to make a death claim for some or all of the benefits. If there are no partial dependents, the full amount may go to the next of kin. If there is no next of kin, then only the burial expenses are paid out.
FAQs
Q: What Is the Death Benefit for Workers’ Comp in North Carolina?
A: The death benefit for workers’ comp in Charlotte, North Carolina is a way for certain qualifying families to recoup a portion of their loved one’s income through a weekly payment plan and an additional $10,000 burial expense. Death benefits are a way for families who were totally financially dependent on their deceased loved one’s income to be able to see additional payments until they are able to become financially independent.
Q: Who Is Entitled to Death Benefits in North Carolina?
A: The people who are entitled to death benefits in North Carolina are the ones who were financially dependent, either totally or partially, on their deceased loved one’s income. This can be a widow, widower, children, life partner, or other surviving family members who may depend on their loved one’s income on a daily basis. If the deceased had no dependent family members, the benefits package may be passed to a next of kin in a lump sum.
Q: What Happens if Your Husband Dies at Work?
A: If your husband dies at work as a result of a workplace accident or a workplace illness, then you and your family may be entitled to death benefits through your husband’s workers’ compensation package. Death benefits may include around two-thirds of your husband’s weekly income and up to $10,000 in burial expenses. While no amount of money can ever make up for this tragic loss, death benefits can help you establish yourself as financially independent over time.
Q: How Long Do I Have to File a Claim for Death Benefits?
A: Typically, the deadline for filing a workers’ comp claim for death benefits is two years. That means you’ll have two years from the date of the accident to begin pursuing a claim for death benefits with the help of a lawyer and a strong case. In order to avoid risking a total loss of compensation, you will also need to submit written notice of the accident to your loved one’s employer within 30 days of the accident. It is still a workers’ comp claim.
Reach Out to a Workers’ Comp Lawyer Today
Dealing with the recent death of a loved one is never easy, especially when you rely on their salary. An experienced workers’ comp lawyer can help you pursue and secure death benefits for your loved one. The legal team at Bridgman Gantt Law Offices understands the kind of help you need and is prepared to assist you in developing your case. Contact us to schedule a consultation with one of our valued team members today.
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