The families of injured workers who are killed as a result of on-the-job injuries in North Carolina are entitled to statutory benefits if the death is related to a work injury or occupational disease.
First, the family is entitled to funeral expenses up to $10,000 if the date of death is after June 24, 2011. The dependents are also entitled to 2/3 of the employee’s average weekly wages at the time of accident. The average weekly wage is based on a statutory formula, subject to maximum and minimum wages. It is typical for the insurance company to miscalculate the employee’s average weekly wage.
At the Ricci Law Firm, PA, we always request that the employer and insurance carrier provide wage statements and a Form 22 detailing the employee’s wages. Dependents are entitled to 500 weeks of benefits if the injury resulting in death occurred after June 24, 2011. If there are no whole dependents, partial dependents are entitled to the percentage of support provided to the partial dependent from the annual earnings at the time of injury.
In some circumstances, benefits can exceed the 500-week maximum. If the injured worker’s spouse cannot support themselves because of physical or mental incapacity at the time of death, the spouse is entitled to their share of benefits for the remainder of their lives or until remarriage. Any children who do not reach the age of 18 before the 500-week maximum are entitled to their share of benefits until they reach age 18. Death benefit claims are complicated and require an experienced workers’ compensation attorney to provide advice and guidance to make sure your family receives all the benefits they are entitled to.
Greenville, NC Workers’ Compensation Lawyer
I’m Brian Ricci, a workers’ compensation lawyer in Greenville, North Carolina. If you or a loved one has sustained an injury at work, please call me at (252) 777-2222 or (888) 484-6881 for free, friendly advice. I am a longtime member of the Million Dollar Advocates Forum®.
Our legal team is comprised of U.S. trial lawyers who’ve obtained multi-million dollar settlements and case verdicts for the injured clients we represent. To learn more about our firm, review our Verdicts and Settlements page and Testimonials. You can also check out our client reviews on Facebook, Avvo, and Google.