Work Related Death Benefits. Are You Entitled to Workers’ Compensation Benefits When a Loved One Dies as a Result of a Work Accident?

When a worker dies as a result of a work-related accident, the North Carolina Workers’ Compensation Act entitles persons “wholly dependent” on that worker’s earnings to five-hundred (500) weeks of benefits.  If there are no persons who were wholly dependent on the deceased worker’s earnings, those “partially dependent” are entitled to the benefits.  If there are no persons wholly are partially dependent on the deceased worker’s earnings, the “next-of-kin” will receive the benefits.

The Act defines next-of-kin to include “only child, father, mother, brother or sister of the deceased employee, including adult children or adult brothers or adults sisters of the deceased, but excluding a parent who has willfully abandoned the care and maintenance of his or her child and who has not resumed its care and maintenance until its death or majority.”

When an injured worker dies immediately after the work-related accident (when he or she is electrocuted for example) the worker’s family’s entitlement to benefits is clear.  Where it is less clear, however, is where an injured worker dies as a result of the work-related accident, but months (sometimes years) later.  Based on the large sum of money involved in a death claim, the workers’ compensation insurance carrier is much more likely to deny your are entitled to five hundred (500) weeks of benefits.

If your loved one died as a result of a work-related accident it’s important to seek an experienced Charlotte workers’ compensation attorney to help you navigate through this difficult and complicated time. Our offices are here to be that helping hand. With convenient locations in Charlotte, Gastonia, Hickory and Rock Hill, SC we’re just a phone call and short drive away from helping you and your loved ones deal with your work related personal injury.

Written by: Spencer Hoisington, Associate Attorney, Campbell & Associates, Attorneys at Law