Types of Death Benefits in North Carolina Workers’ Comp Claims

The death benefits surviving family members are entitled to after a fatal work injury in North Carolina are generally paid to the decedent’s surviving spouse, children, and other dependents. Workers’ comp death benefits typically include:

• Wage replacement benefits
• Funeral and burial expenses
• Complete coverage of the decedent’s medical expenses

Wage Replacement Benefits

Wage replacement benefits describe the financial support your family will receive after losing a loved one in an on-the-job accident. These benefits generally consist of approximately 2/3 of the decedent’s average weekly wages.

Typically, these benefits can be paid out for a maximum of 500 weeks. However, this amount of time could be shortened if the surviving spouse remarries before 500 weeks have passed.

Funeral and Burial Expenses

According to the North Carolina Workers’ Compensation Act, the insurance company will compensate your family up to $10,000 for your loved one’s funeral and burial expenses. Remember to retain copies of your invoices, receipts, and other out-of-pocket costs so you can submit them to the insurance company with your death benefits claim.

Additionally, you might be able to recover compensation for the costs associated with transporting your loved one’s body after the work accident. However, this is a separate expense from the funeral and burial costs. This means the cost should not come from the $10,000 benefit allotment your family is entitled to. Your death benefits attorney at Ricci Law Firm Injury Lawyers will secure written documentation so you can receive separate reimbursement for these costs.

The Decedent’s Medical Expenses

The decedent’s workers’ compensation protection provider will be responsible for covering every medical expense related to their injuries. This might include:

• Emergency room bills
• Ambulance costs
• Medication expenses
• Diagnostic imaging fees
• The cost of the hospital stay
• End-of-life care

Common Types of Fatal Work Accidents

Fatal work accidents can take multiple forms. It does not matter what type of industry your family member worked in. It is possible that they could develop devastating occupational illnesses or suffer traumatic injuries at work. Some of the top work accidents known for fatalities include:

• Construction accidents
• Warehouse accidents
• Exposure to toxic substances
• Crushing accidents
• Being struck by falling objects
• Factory accidents
• Motor vehicle accidents
• Slips, trips, and falls
• Oil field accidents
• Railroad accidents
• Manufacturing accidents

These are just a few examples of accidents that can potentially cause fatal injuries. If your family member was killed in another type of on-the-job accident, Ricci Law Firm Injury Lawyers can help. Our North Carolina workers’ compensation death benefits attorneys can determine whether you qualify for financial support.

Common Reasons for a Denial of Death Benefits

Do not be surprised if the insurance company attempts to deny you access to the death benefits your family deserves. Insurance companies suffer losses every time they settle death benefit claims. However, that should not be something your family has to deal with during this devastating time in your lives.

The insurance company could argue the decedent’s employer did not have enough insurance coverage, you made a mistake on your application for benefits, or that you do not meet the eligibility requirements. Whatever the reason, our North Carolina death benefits lawyers will ensure the insurance company is held accountable for their financial obligations so your family can mourn your loss without economic instability.

What to Do If Your Death Benefits Claim Is Denied

When your workers’ compensation claim gets denied in North Carolina, contact our death benefits lawyers to discuss the insurance company’s reasons for the denial. That way, our attorneys can address them and hopefully get the denial or return.

If the insurance company continues to deny you the benefits you deserve, we will be prepared to proceed with a formal appeal with the North Carolina Industrial Commission.

Other Ways to Demand Justice for the Loss of Your Loved One

It is not unusual for families to continue to struggle financially despite being awarded death benefits. Fortunately, if your loved one’s death was caused by the negligent or irresponsible actions of another, your family may have the opportunity to pursue a third-party wrongful death claim. Here, you can ensure the individual or entity that caused your loved one’s death is brought to justice to the fullest extent of the law.

Although you may not be able to file a claim against your loved one’s employer when collecting death benefits, if other liable parties contributed to your loved one’s death, you might be able to make them pay for their wrongful actions. Some examples of recoverable damages in third-party wrongful death claims include:

• Loss of the decedent’s love and support
• Loss of the decedent’s protection and advice
• Loss of the decedent’s financial contributions
• The decedent’s pain and suffering before their death
• The decedent’s emotional trauma prior to their death
• Loss of the decedent’s companionship, guidance, and advice

In third-party wrongful death claims, you might also be eligible for punitive damages if the civil court system finds the defendant’s conduct to be wanton, malicious, or intentional. If they believe it is necessary to punish the defendant for their actions and want to send a message that similar conduct will not be tolerated, they may award punitive damages to your family beyond the compensatory damages your family deserves.

Why Choose the Ricci Law Firm Injury Lawyers to Take on Your Death Benefits Claim?

Our team of compassionate workers’ compensation attorneys knows how difficult it is for any family to lose a loved one. We have witnessed the aftereffects of these tragedies firsthand. The emotional journey people must go through after such a loss is highly personal and can be consuming.

Securing death benefits through workers’ compensation can help make up for lost income. This can be especially important when children and others have depended on a breadwinner who has been lost.

How Much Does It Cost to Hire a Death Benefits Lawyer in NC?

When you have lost a treasured family member in an on-the-job accident, figuring out how you were going to afford to hire an attorney should be the least of your concerns. That’s why our death benefits lawyers never charge a retainer or require you to pay any costs in pursuing your no-fault workers’ compensation claim. Instead, we work for you on a contingency fee.

A contingency fee means attorney fees will be deducted from the settlement you receive from your death benefits through the insurance company. It also means if your claim for death benefits is ultimately unsuccessful, you will not be required to pay anything for our services.

This makes it a risk-free way for you to hold the insurance company accountable to their financial obligations and access the death benefit your family is entitled to.