Death Benefits Through Workers’ Compensation
Losing a loved one in a work-related accident can be a difficult and frustrating time for a family. Having to face the grief and financial instability associated with a serious injury or death in the family is unwanted by all, but does happen on a regular basis. Many people are unaware that they can file for death benefits if they lose their loved one in a work accident, regardless of fault in the accident
If you lose a family member in a work-related accident or from an injury sustained in the course of their employment, a Raleigh workers’ compensation attorney from our team can help you through the legal aspects of your case.
At Whitley Law Firm, we are committed to offering the compassionate and knowledgeable assistance our clients deserve in their time of need. A family who has lost a loved one may be able to seek death benefits for their loss. There is no amount of money that could make up for a lost loved one, but death benefits may serve to help ease the burden that a family may be facing due to their loss.
What Right Do I Have to Death Benefits?
The following is the rule regarding death benefits for surviving families and spouses according to the North Carolina Workers’ Compensation Act:
- In the state of North Carolina, workers’ compensation death benefits are only payable if the claim is filed with the proper department in writing within two years of the accident.
- The claim must be filed with the North Carolina Industrial Commission.
- Financial compensation is paid to the surviving family members for 500 weeks at 66 2/3 percent of the employee’s average weekly wage.
- In cases where the surviving spouse is unable to support him or herself due to a mental or physical disability as of the date of death of the employee, compensation will be continued until the death or remarriage of the widower.
- Compensation for a child will be paid for 500 weeks or until the child reaches the age of 18.
- Funeral expenses are covered up to $10,000.
Coverage Under Workers’ Compensation
The surviving family member or members that may be entitled to these benefits will vary depending on the case, as may the amount of benefits available. However, the death benefits may cover:
- Medical expenses
- Funeral costs
- Lost income (a percentage of the decedent’s average wages, up to a certain amount, 400 weeks in North Carolina
When you seek the legal assistance of our workers’ compensation team at The Whitley Law Firm, you pay no out of pocket expenses. Fees for our services are paid from the settlement or award, and this means that there’s no financial risk in choosing to involve one of our attorneys. We offer our experience and compassion, which are indespenssible when it comes to fighting for rights in a wrongful death claim.