Workers comp death benefits work differently than regular workers comp. This is due to the fact that the person who should receive the benefits has passed away. Understanding the rules for workers comp death benefits in North Carolina can make it easier to file a claim. It can also help expedite the process of receiving benefits after an employee’s death. Make sure to work with a workers comp lawyer in Charlotte, NC to make this claim easier.
When is death covered under workers’ compensation?
For a death to be covered under workers comp death benefits, the death needs to be related to a compensable disease or injury. Also, this death or injury must have happened within a specified period of time. The party claiming the workers comp death benefits must show that the employee’s death was somehow related to an occupational injury or disease. An accident covered under North Carolina workers’ compensation may also entitle you to benefits. However, the illness or injury does not need to be the only cause of death.
In addition, these benefits can be paid out when the disease or injury aggravates or worsens a preexisting condition. Furthermore, if that condition caused the death, benefits may be awarded to family members. For example, a heart attack could be covered under workers compensation if it was caused by extreme conditions or unusual exertion on the worker.
If you are unsure about whether you can claim workers comp death benefits, it is best to talk to a workers comp lawyer in Charlotte, NC. They will take a look at the case and create a strategy to get you the benefits you deserve.
Filing Requirements
Even if the employer knows about the death, it is the responsibility of those wanting workers comp death benefits to notify the employer. They must do so within thirty days of the death. You can do this with the help of your workers comp lawyer by filing a Form 18 Notice of Accident. This needs to be filed with the NC Industrial Commission and a copy must be sent to the employer.
A workers compensation death claim is going to be different from regular workers’ compensation benefits. Therefore, the defense will be slightly different. A workers comp lawyer in Charlotte, NC will be able to discuss this with you and work to get you the benefits you deserve.
The payment of these benefits, if awarded, will be paid by the employer or its insurance company after the Industrial Commission approves it. If there is a question about the party who should receive the benefits, the insurance company, the employer, or the person claiming the benefits should file a Form 33. This form will notify the North Carolina Industrial Commission to resolve this issue.
Who will receive the workers comp death benefits?
Filing a claim for workers comp death benefits may seem pretty straightforward. However, one of the hardest parts is determining who should receive the benefits. There are always exceptions, but a few key things are always present in a workers comp case.
All persons that are wholly dependent on the income of the deceased employee must equally share the benefits. If there is just one person dependent, then they get all the benefits. For example, a spouse and minor children may be the sole recipients of the workers comp death benefits.
If the employee dies and has no spouse or minor children, the benefits go to the next of kin. This is a lump sum payment. If no one fits either category, then only a burial benefit will be paid.
The salary of the employee is the baseline for the benefit amount. The weekly death benefit is going to be two-thirds of the average weekly wage of the employee. This will continue for a minimum of 500 weeks. A minor child will receive these benefits until they are 18, even if it exceeds the 500-week minimum. They will also pay burial expenses up to $10,000 for the family.
If you are dealing with issues concerning workers comp death benefits, contact our NC workers comp lawyer at Ted A. Greve and Associates. You need to speak with a workers comp lawyer in Charlotte, NC. Our team is here to help you with your case and get you the compensation you deserve. Contact us today.
