Slightly Better Benefits for the Family of Accidentally Killed North Carolina Workers

For family, friends and relatives, the death of a loved one in a work accident is devastating news. On top of losing a person dear to their hearts in tragic circumstances, the loss of a breadwinner often creates real hardship.

Under North Carolina's Workers' Compensation Act, the benefits awarded to the dependents of the deceased worker were revised in the recently approved Reform Bill, as follows:

• The burial expenses allowance was raised from $3,500 to $10,000
• The number of weeks of benefits payable for a compensable, work-related death rises from 400 to 500

The weekly compensation in the case of death is what would have been payable to the deceased employee had he survived, namely two-thirds of the average weekly wage subject to a maximum and minimum set by statute.

There are a number of provisions to allow the extension of the benefits beyond the 500 weeks. This would be the case if the spouse can establish physical or mental disability.

What happens if the injured worker's death occurs months or years after the accident?

With work injuries and occupational illnesses, it may happen that the injured victim survives the injuries or illness for a period of time. If death ensues at a later stage, and is directly attributable to the accident or event at work, the dependents of the victim can be entitled to death benefits. For this the death must occur within six years of the injury or diagnosed illness, or within two years of the final determination of disability, whichever is later.

To whom are death benefits payable?

Benefits are normally paid to those who were wholly dependent on the deceased employee for support. A surviving dependent child may receive benefits until the age of 18, or 500 weeks, whichever is longer. Those who were only partially dependent may receive partial benefits in relation to the amount of support received.

The workers' compensation rules are complex and confusing. Those who are in distress after the sudden injury or death of a loved one may need support to clarify their options and make the right decisions.

Contact today Accidental Injury Advocates Ltd. in Elizabeth City, where attorney Joseph Miller, Esq has been representing injured North Carolina workers for over 20 years. Call us locally 757-455-8889 or toll-free 888-694-7994 or send us an e-mail for a FREE, no commitment discussion of your case.